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Administrative Law Keyed to Breyer
Humphrey’s Executor v. United States
Citation:
295 U.S. 602, 55 S. Ct. 869, 79 L. Ed. 1611 (1935)Facts
William E. Humphrey was appointed by President Hoover to the Federal Trade Commission for a seven-year term ending in 1938. The FTC Act provided that commissioners could only be removed for “inefficiency, neglect of duty, or malfeasance in office.” In July 1933, President Roosevelt requested Humphrey’s resignation, stating that the administration’s aims could be “carried out most effectively with personnel of my own selection.” After Humphrey refused to resign, Roosevelt removed him from office on October 7, 1933, without alleging any of the statutory causes for removal. Humphrey maintained that his removal was unlawful and continued to claim entitlement to his salary until his death in February 1934. His executor then brought suit to recover the unpaid salary.
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