Louis Harold Martin v. George Tobin

Appellant Martin was removed by the President from the office of U. S. Marshal for the Northern District of California before the expiration of his four year term. Appellee Tobin is his replacement. Martin brought a suit for declaratory judgment against Tobin to determine who rightfully held the position. He appeals from the dismissal of his complaint upon a motion for summary judgment. His appeal raises the question of whether a U. S. Marshal is an executive officer who may be removed during his term of office by the President. Concluding that appellant has not shown he is anything but a “purely” executive officer, we affirm.

Our decision requires us to interpret 28 U.S.C. § 561 (b). That section provides as follows:

Appellant argues that this section guarantees him a minimum four year term. The United States reads it otherwise, construing it to do no more than create a maximum term of office.

In interpreting this section we must keep in mind the scope of Congress’ authority. “Whether the power of the President to remove an officer shall prevail over the authority of Congress to condition that power by fixing a definite term and precluding a removal except for cause, will…