Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-08-27
APPLICATION DENIED.
Secretary Does Not Have to Tell Why
MIR. Dryden Was Removed,


MIR. Dryden Was Removed.
Judge Cole this morning disposed of the
application of Lyttleton T. Dryden, late
shipping commissioner Of the port of Bal
timore, who several days ago petftioned
the court to require the Secretary of the
Treasury to show cause why he had re-
moved the petitioner, and to grant a writ of
mandanius. compelling the Secretary to re-
store the petitioner to the office. The case
was argued last week, as stated in The
Star at the time. by Messrs. Hodson and
Hines of the Baltimore bar on behalf of
Mr.. Dryden, Assistant Attorney General
Whitney representing Secretary Carlisle.
Judge Cole disposed of the case in a very
few words, holding that in removing Mr..
Dryden and appointing his successor the
Secretary had acted wholly within the law,
although the Secretary had failed to give
the reasons which prompted him in so act
ing. An appeal was noted by counsel for
Mr.. Dryden.
MI. Dryden had been removed by the Sec
rotary, and had turned over to his success
SCR the office. Hence, Mr.. Dryden was out
and the other man was in. There was no
doubt that the Secretary had the power to
remove FOR suffcient cause, and the exercise
OF that power of removal is evidence that
the Secretary had exercised the discretion
vested in him.
The exercising of that discretion was, of
course, not a matter which could be re-
viewed by the court through mandamus.
or, Indeed in any other way. Except where
the law expressly provided otherwise there
could be no doubt that a simple order of
removal was sufficient, a statement of the
reasons therefor not being required to he
made by the official making the removal.
In the present case, that OF the appoint-
ment or o shipping commissioner, the ap-
pointment was wholly at the pleasure Of
the Secretary Of the Treasury and where
he made removal of one by appointing
another shipping commissioner 1t was con.
elusive evidence that the Secretary had re-
If Mr.. Dryden had a title to the office
from which he had been removed. explain
ed Judge Cole. his remedy was not by writ
OF mandamus, but either by quo warranto
or by an application to the Court of Claims
There had been during President Cleve-
lands first administration, said Judge Cole
case where justice of the peace Of the
district had been removed by the Presi-
dent. The law provided that justices of the
peace should be removed only for cause
In removing the justice the President mere
ly stated that the party had been removed
Tor cause, not assigning the cause.
Ihat case. thought Judge Cole, pres ented
a stronger one for the petitioner (the re-
moved tustice) than did the present one
but the court in general term, on appeal
bad held that the President had acted
wholly within the law, and the decision,
denying a writ of mandamus, was accord
ingly affirmed.
While the case before him, explained
Judge Cole. was merely an applica ton for
an order on the Secretary of the Treasury
to show cause why writ of mandamus
restoring the petitioner to the Office, should
not be made, it was SO apparent that the
Secretary had acted within the discretion
vested in him that the petition would have
TO be denied. Judge Cole thereupon directed
that an order be drawn denying Mr.. Dry
denis application, whereupon counsel for the
petitioner noted an appeal to the Court Of
Appeals.