Facts of the Case
The appellant, on the 4th day of December, 1894, filed in the Court of Claims an amended petition in which he alleged that, on the 4th of February, 1890, after his nomination and confirmation, he was duly appointed, qualified, and commissioned for the term of four years as attorney for the United States for the Northern District of Alabama, and also to act as such for the Middle district of Alabama; that thereupon he entered upon the discharge of the duties of his office; that he never resigned the same, and that he then resided, and has continued to reside, since the date of his commission, in the City of Birmingham, Alabama, and within the Northern District of Alabama, and that he had given his personal attention to the duties of his office, and that no cause of removal bad existed since his appointment.
Conclusions
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The President has power to remove a district attorney of the United States when such removal occurs within four years from the date of the attorney's appointment and, with the advice and consent of the Senate, to appoint a successor to him.
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