William R. Day

“ If this be not so, then a regular and duly qualified employee in the public service, protected by the statute and the orders of the President made in pursuance thereof, can be deprived of the benefit and emolument of his position by a wrongful and illegal suspension from his duties. We do not think such a contention can be sustained either by reason or authority. Where an officer is wrongfully suspended by one having no authority to make such an order, he ought to be and is entitled to the compensation provided by law during such suspension. ”

“ On September 22, 1896, the Acting Secretary of the Interior communicated to the Civil Service Commission the names of the incumbents, with their legal residences and the dates of appointment, added to the classified departmental service by the extension of May 6, 1896, also inclosing a similar list of such positions and employees in the offices of the surveyor general, which contained the name of the appellee, with his title, 'stenographer and typewriter,' date of appointment, salary, residence, and class. ”

“ On February 24, 1898, the Commissioner of the General Land Office, in reply to a letter from the surveyor general under date of February 21, 1898, in which he had asked authority to employ two additional draftsmen and four transcribing clerks, to be paid from the funds reported as available, said: 'No authority can be given you to employ the additional force desired, except as provided under the civil service rules. ”