David Josiah Brewer

“ That, it may be said, does not imply misconduct but simply neglect, but a neglected duty often works as much against the interests of the government as a duty wrongfully performed, and the government has a right to demand and expect of its employees, not merely competency, but fidelity and attention to the duties of their positions. ”

“ The appointment to an official position in the government, even if it be simply a clerical position, is not a mere ministerial act, but one involving the exercise of judgment. The appointing power must determine the fitness of the applicant; whether or not he is the proper one to discharge the duties of the position. Therefore it is one of those acts over which the courts have no general supervising power.
In the absence of specific provision to the contrary, the power of removal from office is incident to the power of appointment. ”

“ Unless, therefore, there be some specific provision to the contrary, the action of the Secretary of the Interior in removing the petitioner from office on account of inefficiency is beyond review in the courts either by mandamus to reinstate him or by compelling payment of salary as though he had not been removed. ”