
    JOSEPH W. NICHOLAS v. THE UNITED STATES.
    [53 C. Cls. 463; 55 id. 188; 257 U. S. 71.]
    Judgment was rendered in favor of the United States in the court below. On appeal the judgment was affirmed, and the Supreme Court decided:
    A person who has been removed from a place in the classified civil service, by the proper authority, but without charges or opportunity to answer, in violation of sec. 6 of the act of August 24, 1912, c. 389, 37 Stat. 555, can not recover subsequent salary attached to the position if he has not been diligent in asserting his rights. Wiclcersham v. United States, 201, distinguished.
    After summary removal, without charges, from the office of inspector of customs, claimant did nothing for his vindication for three years, when he sued for the salary since accrued. Held, that he had abandoned his title and could not recover.
   Mr. Justice Day

delivered the opinion of the Supreme Court November 7, 1921.  