
    HAMILTON S. WALLACE v. THE UNITED STATES.
    [55 C. Cls. 396; 257 U. S. 541.]
    Judgment was rendered in favor of the United States in the court below. On appeal the judgment was affirmed, and the Supreme Court decided:
    The limitations sought to be imposed upon the President’s power to remove an Army officer (118th Article of War, 39 Stat. 669; Rev. Stats., secs. 1342, 1230) do not apply when the removal is effected by the President with the consent of the Senate, through the appointment of another to his place.
    The court notices judicially that nominations to office are usually referred to a committee of the Senate — in this ease the Military Committee — for investigation and report, and the duty of the committee to inquire into the existence of a vacancy to which the appointment can be made.
    Where the President undertook to remove an Army officer and nominated another to take his place as of the day following the removal, without mentioning the removal, held, that the Senate, which confirmed the nomination, must be presumed to have known the confirmation would fill the legal complement of such officers and to have joined in the removal.
    To allow pay for an officer whose place has been filled by nomination and confirmation, there must be special legislative authority.
    
      Quaere: Whether claimant lost his right to apply for a court-martial under Rev. Stats., sec. 1230, by waiting five months after his removal by the President?
   Mr. Chief Justice Taft

delivered the opinion of the Supreme Court February 27, 1922.  