Birmingham state herald., 1897-05-25

statutes, to hold his office for four years, notwithstanding the presidents s oHde. Of removal Justice Pecknam said that while the appointment was for four years bt might be terminated earlier at the dis cretion of the president. The judgment ois the court of claims was affirmed. The determiLa ton of this case has been look cd forward to with interest because of its possible effect upon the removal of office holders incident to the change of admin fStrati0n. Parsons was removed from the office of United States district attorney in Alatana in 1893 Havfrg bean appointed for a term fo four years, the president, he claimed, had no right to remove him before the expiration of that time. He has fought the case through the various 1sJ1eral courts on this theory, losing in the lower court as he did today in the supreme court.
 Parsons has, however, not been in pos ses's1oTf of the office during the contest. On the ehy that he was removed Enamet O'Neil was appointed to succeed him and to him Parsoris surrendered the office after an ce'delr was issued to him by the circuit court to do so. He prCS9cut5d the case on another basis from ttat time.
 Justice Peckham, in delivereing the opinion, quoted many precedents from the dlbate from the constitutional con vention, from the impeachment trial of President Johnson and many court de- cision.s to show that the presidents pow ser in removing officers without giving any reasons had Fever been succ ;ssfully q,fes toned. There was no necessity, he said, for a provision for removal from office at pleasure when the statute was enacted, i. is held, because the president was then regarded as being clothed with such power. The tenure of office ac. linn fted this power, but in 1869 that act was modified by providing that appointees should hold office for their terms unless remoVed with the advice and consent of tlte senate. In 1887 this was repealed, and the supreme court holds that officers appointed under the original statute are not entitled to hold for four years as against any power of the president to remove, and in no event can they remain in office longer than that period without being reapointed.
 A number of other cases were decid.d, several of them involving the titles TO large tracts of lands in the west. The ease of Blythe, agent of Hinckley, involv- ing ths estate of the late Millionaire Blythe, of California, was dismissed for want of Jurisdiction. The effect is to leave the property in the possession of Mrs. Hinckley. daughter of the million aire. In the case of the city of New Or l5ans, appellants, against the Ciizens' Bank of Louisiana, the court found that tho decree of the circuit court of the Eastern district of Louisiana was par.ly erroneous and reverted it.
 instructions were given that a decree bs entered enforcing the non-liabilty of the bank to taxa;ion on its capital stock and building and on tax on its share holders, accompanied with legal obH- gation on the bank to pay the tax; re- jecting the claim of the bank to non- liability of its shareholders for taxa ton, without prejudice to the rights of it's shareholders to resist an assessment for taxa ion unaceompanied by an obligation on the bank to pay; rejecting the claim nf Ina ho nh fo 1ial, to +Io property acquired by it under foreclosure of mortgage without prejudice to state or municipal authorities to claim and license tax.
 This case involved the Louisiana law are liable, the taxes to be paid by rhe bank, which might collect them of the shareholders.