5 U.S.C. § 4
Notes of Decisions
Cited in 9
cases, 1927–1956 · leading case: Lindsay B. Shafer, Lewis Shafer, Joseph Shafer, & Lewis Shafer, Sr. v. United States, 229 F.2d 124 (4th Cir. 1956).
Lindsay B. Shafer, Lewis Shafer, Joseph Shafer, & Lewis Shafer, Sr. v. United States, 229 F.2d 124 (4th Cir. 1956). “It is provided in 5 U. S.C.A. § 4 that in case of the death, resignation, absence or sickness of the head of any department, the first or sole assistant thereof shall perform the duties of such head.”
Perry v. Page, 67 F.2d 635 (1st Cir. 1933). “[5 USCA § 4]. * * * It admits of no question that under the foregoing provisions the secretary of the treasury could have assigned to the assistant secretary or secretaries of the treasury department the duty of deciding appeals from assessments made by collectors of customs…”
United States v. Eighty Acres of Land in Williamson Cnty., 26 F. Supp. 315 (E.D. Ill. 1939). “That the Acting Secretary of Agriculture could lawfully make the investigation and determination of the public necessity for taking the land here in question, necessary to initiate this’ proceeding to acquire land by condemnation, is supported by impreg- *319 liable legislative,…”
Anderson v. P. W. Madsen Inv. Co., 72 F.2d 768 (10th Cir. 1934). “ond as Acting Secretary of the Treasury had authority under the provisions of 5 USCA §§ 4 and 22, to approve a closing agreement during the absence or illness of the Secretary, and that such absence or illness would be presumed in the absence o Í: a showing to the contrary.”
United States v. Shafer, 132 F. Supp. 659 (D. Maryland 1955). “§ 514b, 5 U.S.C.A. § 4 . No question of subdelegation of authority is involved when papers are signed by the Under Secretary as Acting Secretary, which is the way he should sign when the Secretary is absent or sick.”
Lew Shee v. Nagle, 22 F.2d 107 (9th Cir. 1927). “examine letters * * * prepared for the signature of the Secretary, * * * and perform such other duties in the office of the Secretary of the Treasury as may be *109 prescribed by the Secretary or by law,” does not confine the powers of Assistants to the duties of a like nature…”
Aderhold v. Menefee, 67 F.2d 345 (5th Cir. 1933). “The officer who convened the general court-martial in this case, it is to be conceded, had no power to commute the sentence; hut, if the Secretary of the Navy had such power and exercised it, the President was not called upon to act in the matter.”
United States v. Merchants Transfer & Storage Co., 144 F.2d 324 (9th Cir. 1944). “See 5 U.S.C.A. § 4 . Emphasis supplied. Act of August 1, 1888, 25 Stat.”
Filling the Vacancy Following the Death of the Sec'y of War (OLC 1936). “), recodified at 5 U.S.C. §§ 4 , 6 (1934). The filling of such office under sections 177 and 179 of the Revised Statutes, however, is temporary only, and section 180 (as amended) reads as follows: A vacancy occasioned by death or resignation must not be tempo- rarily filled…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.