STREET V. UNITED STATES, 133 U. S. 299 (1890)

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U.S. Supreme Court

Street v. United States, 133 U.S. 299 (1890)

Street v. United States

No. 1123

Submitted January 10, 1890

Decided February 3, 1890

133 U.S. 299



It was the purpose of Congress by the 12th and 13th sections of the Army Appropriation Act of July 15, 1870, 16 Stat. 318, 319, to reduce the number of officers in the army, and to that end § 11 authorized the President to eliminate from it officers who were unfit for the discharge of their duties by reason of a cause which had no meritorious claim upon the consideration of the government, while § 12 made a general grant of power to the President to make the reduction by selecting the best, and mustering out the residue, and the President, being empowered to proceed under either grant, could commence proceedings under § 11, and abandon them, and then proceed under § 12.

The 12th section of the Army Appropriation Act of July 15, 1870, 16 Stat. 318, authorized the President to fill vacancies in the army then existing, or which might occur prior to the 1st day of January then next. The 1st day of January, 1871, fell on Sunday. Held that, in the exercise of the power thus conferred, an order made on the second day of January, 1871, was valid.

The executive action, under the Army Appropriation Act of July 15, 1870, reducing the army, was recognized by Congress in 18 Stat. 497, c. 159, § 2; 20 Stat. 35, c. 50; 20 Stat. 321, c. 100; 20 Stat. 354, c. 175; 21 Stat. 510, c. 151, and was thereby validated, even if otherwise invalid.


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