William R. Day

“ Foreman filed a petition in the supreme court of the District of Columbia for a writ of mandamus to compel the Secretary of the Navy to record his name upon the register of retired officers of the Navy as a paymaster's clerk from the 27th of June, 1910. An answer having been filed, to which the petitioner interposed a demurrer, the supreme court, upon the petitioner electing to stand on his demurrer, entered an order of dismissal, which was affirmed by the court of appeals (38 App. D. C. 472) . ”

“ This case, like the one just decided (United States ex rel. Champion Lumber Co. v. Fisher, 227 U.S. 445, 57 L. ed. --, 33 Sup. Ct. Rep. 329) , is sought to be brought here under § 250 of the Judicial Code [36 Stat. at L. 1159, chap. 231, U.S.C.omp. Stat. Supp. 1911, p. 231] , because it is said to be a case in which the validity of an authority exercised under the United States or the existence or scope of the power or duty of an officer of the United States is drawn in question. ”