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From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Necessity for Delegated Authority
>Date: Fri, 30 May 1997 00:42:51 -0400
>From: "Dr. Braces" <drbraces@smart1.net>
>Organization: SouthFlorida Orthodontics
>To: pmitch@primenet.com
>Subject: (no subject)
>
>-- CASES DEALING WITH NECESSITY FOR DELEGATED AUTHORITY
> Sources for additional authority:
> C.J.S., Officers, § 190-199;
> C.J.S., Public Admin. Law, § 49-58;
> Am Jur2d, Public Officers, § 298-311;
> Am Jur2d, Admin. Law, § 69-74, and 221-226.
> Related: 65 ALR 811, and 107 ALR 1483 (delegations re taxes).
>
> Pierce v. United States (The Floyd Acceptances), 7 Wall. (74
>U.S.) 666 (1869): Bills of exchange upon which Secretary of War had
>signed were at issue; the court held that the U.S. was not liable upon
>these instruments, stating:
> We have no officers in this government from the President down
>to the most subordinate agent, who does not hold office under the law,
>with prescribed duties and limited authority. And while some of these,
>as the President, the Legislature and the Judiciary, exercise powers in
>some sense left to the more general definitions necessarily incident to
>fundamental law found in the Constitution, the larger portion of them
>are the creation of statutory law, with duties and powers prescribed and
>limited by that law, 7 Wall., at 677-678.
> Our statute books are filled with Acts authorizing the making of
>contracts with the government through its various officers and
>departments but, in every instance, the person entering into such a
>contract must look to the statute under which it is made, and see for
>himself that his contract comes within the terms of the law, 7 Wall., at
>680.
>
> United States v. Lee, 106 U.S. 196, 1 S.Ct. 240 (1882):
>Arlington, Lee's estate, subject of litigation, the United States
>claiming ownership via tax sale some years earlier. In holding for Lee's
>heirs, the Court stated:
> No man in this country is so high that he is above the law. No
>officer of the law may set that law at defiance with impunity. All the
>officers of the government, from the highest to the lowest, are
>creatures of the law and are bound to obey it. It is the only supreme
>power in our system of government, and every man who by accepting office
>participates in its functions is only the more strongly bound to submit
>to that supremacy, and to observe the limitations which it imposes upon
>the exercise of the authority which it gives, 106 U.S., at 220.
> Shall it be said... that the courts cannot give remedy when the
>citizen has been deprived of his property by force, his estate seized
>and converted to the use of the government without any lawful authority,
>without any process of law, and without any compensation, because the
>president has ordered it and his officers are in possession? If such be
>the law of this country, it sanctions a tyranny which has no existence
>in the monarchies of Europe, nor in any other government which has a
>just claim to well-regulated liberty and the protection of personal
>rights, 106 U.S., at 220, 221.
>
> United States v. Smith, 124 U.S. 525, 533, 8 S.Ct. 595 (1888):
>appointment of collector by head of agency. Agent indicted for
>embezzlement and issue was whether he was officer:
> The constitution ... declares that 'the congress may by law vest
>the appointment of such inferior officers as they think proper in the
>president alone, in the courts of law, or in the heads of departments.'
>There must be, therefore, a law authorizing the head of a department to
>appoint clerks of the collector before his approbation of their
>appointment can be required. No such law is in existence. Our
>conclusion, therefore, is that ... clerks of the collector .... are not
>appointed by the head of any department within the meaning of the
>constitutional provision.
>
> Utah Power and Light Co. v. United States, 243 U.S. 389, 37
>S.Ct. 387 (1917): Power company built structures upon federal lands and
>claimed right through prior approval of government agents; held:
> Of this it is enough to say that the United States is neither
>bound nor estopped by acts of its officers or agents in entering into an
>arrangement or agreement to do or cause to be done what the law does not
>sanction or permit, 243 U.S., at 409.
>
> Botany Worsted Mills v. United States, 278 U.S. 282, 49 S.Ct.
>129 (1929): The mills and subordinate revenue agent entered into
>informal compromise agreement regarding tax liability, the validity of
>which was at issue here. That agreement was held invalid:
> We think that Congress intended by the statute to prescribe the
>exclusive method by which tax cases could be compromised, requiring
>therefor the concurrence of the Commissioner and the Secretary, and
>prescribing the formality with which, as a matter of public concern, it
>should be attested in the files of the Commissioner's office; and did
>not intend to intrust the final settlement of such matters to the
>informal action of subordinate officials of the Bureau. When a statute
>limits a thing to be done in a particular mode, it includes the negative
>of any other mode, 278 U.S., at 288, 289.
> It is plain that no compromise is authorized by this statute
>which is not assented to by the Secretary of the Treasury... For this
>reason, if for no other, the informal agreement made in this case did
>not constitute a settlement which in itself was binding upon the
>Government or the Mills, 278 U.S., at 289.
>See also Brubaker v. United States, 342 F.2d 655 (7th Cir. 1965).
>
> United States v. Mott, 37 F.2d 860, 862 (10th Cir. 1930): Indian
>leased land and got a million in royalties, which were held by Sec.
>Agreement made to disburse funds held to be without authority:
> Where an executive officer, under his misconstruction of the
>law, has acted without or beyond the powers given him, the courts have
>jurisdiction to restore the status quo ante insofar as that may be done
>(cites omitted).
>Affirmed, Mott v. United States, 283 U.S. 747, 51 S.Ct. 642 (1931).
>
>Federal Trade Commission v. Raladam Co., 283 U.S. 643, 51 S.Ct. 587
>(1931): Battle over advertising of obesity cure.
> Official powers cannot be extended beyond the terms and
>necessary implications of the grant. If broader powers be desirable,
>they must be conferred by Congress. They cannot be merely assumed by
>administrative officers; nor can they be created by the courts in the
>proper exercise of their judicial functions, 283 U.S., at 649.
>
> State ex rel McConnell v. First State Bank, 22 Tenn. App. 577,
>124 S.W.2d 726, 733 (1938): Bank insolvency case:
> All persons dealing with public officers are bound to take
>notice of the law prescribing their authority and powers.
>
> Continental Casualty Co. v. United States, 113 F.2d 284 (5th
>Cir. 1940):
> Public officers are merely the agents of the public, whose
>powers and authority are defined and limited by law. Any act without the
>scope of the authority so defined does not bind the principal, and all
>persons dealing with such agents are charged with knowledge of the
>extent of their authority, 113 F.2d, at 286.
>
> Department of Ins. of Indiana v. Church Members Relief Ass'n.,
>217 Ind. 58, 26 N.E.2d 51 (1940):
> When the right to do a thing depends upon legislative authority,
>and the Legislature has failed to authorize it, or has forbidden it, no
>amount of acquiescence, or consent, or approval of the doing of it by a
>ministerial officer, can create a right to do the thing which is
>unauthorized or forbidden, 26 N.E.2d, at 52.
>
> United States v. Hawthorne, 31 F.Supp. 827, 829 (N.D. Tex.
>1940):
> A regulation dies with the statute from which it gains its life.
>
> Royal Indemnity Co. v. United States, 313 U.S. 289, 61 S.Ct. 995
>(1941): A bond was given for taxes, the collector released that bond,
>but government sued on the bond. Held:
> Power to release or otherwise dispose of the rights and property
>of the United States is lodged in the Congress by the Constitution. Art.
>IV, § 3, Cl. 2. Subordinate officers of the United States are
>without that power, save only as it has been conferred upon them by Act
>of Congress or is to be implied from other powers so granted. [cites
>omitted]. Collectors of internal revenue are subordinate officers
>charged with the ministerial duty of collecting taxes... There is no
>statute in terms authorizing them to remit taxes, to pass upon the
>claims for abatement of taxes or to release any obligation for their
>payment. Only the Commissioner, with the consent of the Secretary of the
>Treasury, is authorized to compromise a tax deficiency for a sum less
>than the amount lawfully due...
> There is thus no basis in the statutes of the United States for
>implying an authority in a collector to release a bond for the payment
>of the tax which the Commissioner alone is permitted to reduce by way of
>compromise when the Secretary of the Treasury consents, 313 U.S., at
>294, 295.
>
> Quaker Oats Co. v. Fed. Security Administrator, 129 F.2d 76, 80
>(7th Cir. 1942), reversed on other grounds at 318 U.S. 218, 63 S.Ct. 589
>(1943):
> We assume there could be no dissent from the proposition that an
>administrative agency has only such authority in the administration of a
>Congressional enactment as is expressly conferred, or as may be
>reasonably implied.
>
> Youngblood v. United States, 141 F.2d 912 (6th Cir. 1944):
>Action to compel recorder to record tax liens.
> [T]he authority of ministerial officers is to be strictly
>construed as including only such powers as are expressly conferred, or
>necessarily implied, 141 F.2d, at 913.
>See also United States v. Watashe, 102 F.2d 428, 431 (10th Cir. 1939).
>
> Stark v. Wickard, 321 U.S. 288, 64 S.Ct. 559 (1944): Milk price
>control act administered by Ag. Sec. was subject to challenge:
> When Congress passes an Act empowering administrative agencies
>to carry on governmental activities, the power of those agencies is
>circumscribed by the authority granted.... The responsibility of
>determining the limits of statutory grants of authority in such
>instances is a judicial function entrusted to the courts, 321 U.S., at
>309, 310.
>See also Garvey v. Freeman, 397 F.2d 600, 605 (10th Cir. 1968).
>
>
> Federal Crop Ins. Corp. v. Merrill, 332 U.S. 380, 68 S.Ct. 1
>(1947):
> Whatever the form in which the Government functions, anyone
>entering into an arrangement with the Government takes the risk of
>having accurately ascertained that he who purports to act for the
>Government stays within the bounds of his authority. The scope of this
>authority may be explicitly defined by Congress or be limited by
>delegated legislation, properly exercised through the rule-making power.
>And this is so even though, as here, the agent himself may have been
>unaware of the limitations upon his authority, 332 U.S., at 384.
>
> United States v. Jones, 176 F.2d 278 (9th Cir. 1949): U.S.
>brought action to set aside sale of surplus WWII items, but Jones
>prevailed in both the District Court and on appeal. The court held:
> This means that a public officer, in exercising powers conferred
>upon him by statute and regulation, is bound to follow the mode or
>manner prescribed. One who deals with such official is on his notice of
>possible limitations of authority. And no estoppel can arise against the
>Government from the performance of unauthorized acts or from authority
>exercised in a manner forbidden, 176 F.2d, at 281.
>
> Larson v. Domestic & Foreign Commerce Corp., 337 U.S. 682,
>69 S.Ct. 1457 (1949): suits agent govt agents: personal if without
>authority.
>
> Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 72
>S.Ct. 863 (1952): Truman's takeover of the steel mills held
>unconstitutional.
>
> Sittler v. Board of Control of Michigan College of Mining and
>Technology, 333 Mich. 681, 53 N.W.2d 681 (1952):
> 'The extent of the authority of the people's public agents is
>measured by the statute from which they derive their authority, not by
>their own acts and assumption of authority.'
> 'Public officers have and can exercise only such powers as are
>conferred on them by law...'
> 'The powers of State officers being fixed by law, all persons
>dealing with such officers are charged with knowledge of the extent of
>their authority,' 53 N.W.2d, at 684.
>
> Peters v. Hobby, 349 U.S. 331, 75 S.Ct. 790 (1955): A doctor was
>cleared twice of loyalty charges, but the Board on its own reconsidered
>those charges and debarred him from federal service for such; in
>reversing, the Court held:
> Agencies, whether created by statute or Executive Order, must of
>course be free to give reasonable scope to the terms conferring their
>authority. But they are not free to ignore plain limitations on that
>authority, 349 U.S., at 345.
>
> Phillips v. Fidalgo Island Packing Co., 238 F.2d 234 (9th Cir.
>1956):
> Here the jurisdiction of the old commission over the subject
>matter had expired by abolition of the agency. The delegated power to
>the Executive Director of the old commission expired when it went out of
>existence. The rulings may be explained upon principles of agency as
>well as upon grounds of lack of jurisdiction. If the new commission
>desired to delegate power to the Executive Director, it could not act
>before its creation and assumption of authority. His purported action in
>the interim between the expiration of his delegation of power by the old
>commission and the organization of the new commission was void, not
>voidable, because no body had jurisdiction of the subject matter at the
>time and he had no delegated authority to act in the premises. The fact
>that the acts abolishing one body and creating another were passed
>simultaneously is without significance, 238 F.2d, at 235.
>But, see contra authority at Pentheny, Ltd. v. Gov't. of Virgin Islands,
>360 F.2d 786, 790 (3rd Cir. 1966): repeal and re-enactment considered as
>a substitution.
>
> Government of the Virgin Islands v. Gordon, 244 F.2d 818 (3rd
>Cir. 1957): Defendant and endorser gave note to government as result of
>loan, and upon suit, District Attorney extended terms, for which
>endorser argued that he had been released. Court held act of DA void as
>lacking authority:
> It is well settled that no consideration of public policy can
>properly induce a court to reject the statutory definition of the powers
>of an officer, and that anyone dealing with such officer is required to
>take notice of the extent of authority conferred by law upon him, 244
>F.2d, at 820, 821.
>
> Board of Comm. of Peace Officers Annuity and Benefit Fund v.
>Clay, 214 Ga. 70, 102 S.E.2d 575 (1958):
> The powers of all public officers are defined by law... Where
>the law creates an office, one holding such office has no authority to
>perform any act not legitimately within the scope of such authority, 102
>S.E.2d, at 577.
>
> Flavell v. Dept. of Welfare, City and County of Denver, 355 P.2d
>941 (Colo. 1960):
> It follows that a collateral attack may be made here for 'acts
>or orders [of administrative officers or agencies] which do not come
>clearly within the powers granted or which fall beyond the purview of
>the statute granting the agency or body its powers [such orders] are not
>merely erroneous, but are void'....'They [officers or agencies] are
>without power to act contrary to the provisions of the law or the clear
>legislative intendment, or to exceed the authority conferred on them by
>statute, 355 P.2d, at 943.
>
> Ledgering v. State of Washington, 385 P.2d 522 (Wash. 1963):
>Driver's license revocation case.
> We do not believe, however, that when the legislature vested in
>the director discretionary power to suspend... it, absent express
>declaration, intended the power of executive decision in this area be
>delegated by the director to assistants, or relegated to a simple
>mechanical process.
> Gathering, collating, and presenting such facts as may be
>required by the director, together with making appropriate
>recommendations, preparing, signing, and mailing notices and orders in
>the name of the director are without doubt delegable duties. But, the
>basic responsibility and authority of exercising the discretion and
>power of decision...rests exclusively with the director, 385 P.2d, at
>526.
>
> Independent School District #639, Vesta v. Independent School
>District #893, Echo, 160 N.W.2d 686 (Minn. 1968):
> To allow one to take official action simply by giving oral
>approval to a letter which does not recite the action and which does not
>go out under one's name is to extend permissible delegation beyond
>reasonable bounds, 160 NW 2d, at 689.
>
> Country Gas Service, Inc. v. United States, 405 F.2d 147 (1st
>Cir. 1969): Taxpayers entered into compromise with revenue agent to
>settle tax liability in beneficial manner. In holding the agent's
>agreement void, the court stated:
> The narrow issue presented by this case is whether the revenue
>agent had authority to make a binding agreement ... The exclusive
>procedure for compromising tax liabilities is set forth in Int. Rev.
>Code of 1954 § 7122. This section explicitly reposes such authority
>in 'the Secretary or his delegate', and such delegation stops at the
>district level. Since the exclusive means of compromise established by
>§ 7122 was not utilized in this case, any arrangement taxpayer made
>with agent McInnis had no legal standing, 405 F.2d, at 149, 150.
>Court cited delegation orders in this case.
>See also Brooks v. United States, 833 F.2d 1136, 1145 (4th Cir. 1987),
>and excellent list of cases cited therein.
>
> California School Employees Ass'n. v. Personnel Comm. of
>P.V.U.S.D., 89 Cal. Rptr. 620, 474 P.2d 436 (1970):
> As a general rule, powers conferred upon public agencies and
>officers which involve the exercise of judgment or discretion are in the
>nature of public trusts and cannot be surrendered or delegated to
>subordinates in the absence of statutory authorization [cites omitted].
>Under normal circumstances and absent statutory provisions to the
>contrary the dismissal of employees involves the exercise of judgment or
>discretion.
> On the other hand, public agencies may delegate the performance
>of ministerial tasks, including the investigation and determination of
>facts preliminary to agency action [cites omitted]. Moreover, an
>agency's subsequent approval or ratification of an act delegated to a
>subordinate validates the act, which becomes the act of the agency
>itself, 474 P.2d, at 439.
>
> Tulsa Exposition and Fair Corp. v. Board of County
>Commissioners, 468 P.2d 501 (Ok. 1970):
> Counties have only such authority as is granted by statute
>[cites omitted]. The Board of County Commissioners in exercising
>corporate powers is limited to those fields expressly assigned to such
>subdivisions of the state by the legislature [cites omitted]. Public
>officers possess only such authority as is conferred upon them by law
>and such authority must be exercised in the manner provided by law, 468
>P.2d, at 508.
>See also Brown v. State Election Board, 369 P.2d 140 (Ok. 1962).
>
> Baker v. Deschutes County, 498 P.2d 803 (Or.App. 1972): Contract
>to sell county land held void:
> It is fundamental law that government entities and their
>officers must find sanction for their actions in the statute itself.
>There is no apparent authority in a public officer whose duties are
>prescribed by law as there would be in the case of an agent for a
>private party [cites omitted].
> Persons contracting with a public officer acting under a public
>law must, at their peril, ascertain the scope of the officer's authority
>[cites omitted] and are chargeable with notice of the contents of the
>enactment conferring that authority. A contract by a public officer in
>excess of the provisions of the statute authorizing such contract is
>void, so far as it departs from or exceeds the terms of the law under
>which it was attempted to be negotiated, 498 P.2d, at 805.
>
> Soriano v. United States, 494 F.2d 681 (9th Cir. 1974):
> [A]n administrative agency is a creature of statute, having only
>those powers expressly granted to it by Congress or included by
>necessary implication from the Congressional grant, 494 F.2d, at 683.
>
> Steele v. Gray, 64 Wis.2d 422, 219 N.W.2d 312 (1974): Question
>regarding delegation of authority to revoke good time credits of
>prisoners:
> [A]n officer in whom discretionary power is vested cannot
>delegate that power without statutory authority to do so, 219 N.W.2d, at
>316.
>
> United States v. Gemmill, 535 F.2d 1145 (9th Cir. 1976): Indians
>convicted of trespass had convictions reversed due to lack of delegated
>authority of Forest Service officials to close part of national forest:
> Absent an explicit delegation from the Secretary, the boundaries
>of the Forest Supervisors' authority should not be extended into areas
>the regulations have clearly reserved for higher officials.
> By immediately closing the entire area, the Supervisor went
>beyond the limits of his authority and exercised a power that had not
>been granted to him. The closure orders were invalid and the trespass
>convictions cannot stand, 535 F.2d, at 1152.
>Court referenced organizational structure and delegation orders
>published in the CFR.
>
> Lopez-Telles v. I.N.S., 564 F.2d 1302 (9th Cir. 1977): Deportee
>alleged that administrative law judge could refuse to deport for
>humanitarian reasons. In rejecting this argument, it was stated:
> Immigration judges, or special inquiry officers, are creatures
>of statute, receiving some of their powers and duties directly from
>Congress... and some of them by subdelegation from the Attorney
>General... These statutes and the regulations implementing them...
>contain a detailed and elaborate description of the authority of
>immigration judges. Nowhere is there any mention of the power of an
>immigration judge to award the type of discretionary relief that was
>sought here, 564 F.2d, at 1303.
>
> Churchill v. S.A.D. No. 49 Teachers Ass'n., 380 A.2d 186 (Me.
>1977):
> [P]ublic bodies or officers may exercise only that power which
>is conferred upon them by law. The source of that authority must be
>found in the enabling statute either expressly or by necessary inference
>as an incidence essential to the full exercise of the powers
>specifically granted, 380 A.2d, at 192.
>
> Champaign County, Illinois v. United States Law Enforcement
>Assistance Administration, 611 F.2d 1200 (7th Cir. 1979):
> [A] delegation of authority survives the resignation of the
>person who issued the delegation, 611 F.2d, at 1207.
>See also Railroad Yardmasters of America v. Harris, 721 F.2d 1332, 1343
>(D.C. Cir. 1983): Delegations are not affected by change in personnel
>but continue until revoked; cites several cases; United States v. Morton
>Salt Co., 216 F.Supp. 250, 255-56 (D. Minn. 1962); and In re Subpoena of
>Persico, 522 F.2d 41, 62 (2nd Cir. 1975).
>
> Hoppe v. King County, 95 Wash.2d 332, 622 P.2d 845 (1980):
> Public officers have only those powers expressly granted or
>necessarily implied by statute, 622 P.2d, at 848.
>
> Lavin v. Marsh, 644 F.2d 1378 (9th Cir. 1981): Retirement
>benefits case. Court stated:
> Persons dealing with the government are charged with knowing
>government statutes and regulations, and they assume the risk that
>government agents may exceed their authority and provide misinformation,
>644 F.2d, at 1383.
>
> Bollow v. Federal Reserve Bank of San Francisco, 650 F.2d 1093
>(9th Cir. 1981): Employment contract action involving charge of age
>discrimination. Court held:
> All persons in the United States are chargeable with knowledge
>of the Statutes-at-Large....[I]t is well established that anyone who
>deals with the government assumes the risk that the agent acting in the
>government's behalf has exceeded the bounds of his authority, 650 F.2d,
>at 1100.
>
> American Federation of State, County, and Municipal Employees v.
>Olson, 338 N.W.2d 97 (N.D. 1983): Union action to compel state to pay
>wage increase via union agreement:
> It is well settled that public officials have only such
>authority as is expressly given them by the constitution and statutes
>together with those powers and duties which are necessarily implied from
>the express grant of authority, 338 N.W.2d, at 100.
>
> In re Benny, 29 B.R. 754, 762 (N.D. Cal. 1983):
> [A]n unlawful or unauthorized exercise of power does not become
>legitimated or authorized by reason of habitude.
>See also Umpleby, by and through Umpleby v. State, 347 N.W.2d 156, 161
>(N.D. 1984).
>
> Ramirez de Arellano v. Weinberger, 745 F.2d 1500, 1523 (D.C.
>Cir. 1984):
> [W]hen an officer acts wholly outside the scope of the powers
>granted to him by statute or constitutional provision, the official's
>actions have been considered to be unauthorized.
>
> Outboard Marine Corp. v. Thomas, 610 F.Supp. 1234, 1242 (N.D.
>Ill. 1985):
> Acting without statutory power at all, or misapplying one's
>statutory power, will result in a finding that such action was ultra
>vires.
>(On appeal: 773 F.2d 883 (7th Cir. 1985), and 107 S.Ct. 638.
>
> Boulez v. C.I.R., 810 F.2d 209 (D.C.Cir. 1987): Oral compromise
>held invalid as contrary to regulations. Court relied upon delegation
>orders.
> United States v. Providence Journal Company, 485 U.S. 693, 108
>S.Ct. 1502 (1988): District judge appointed a private attorney to pursue
>contempt charge against a party in judge's court. On appeal, contempt
>vacated, and attorney pursued writ, which was granted. In vacating writ,
>the Supremes held that only the Solicitor General had authority to apply
>for writ on behalf of the United States, a power not possessed by the
>attorney. United States v. Solomon, 563 F.2d 1121 (4th Cir. 1977): AG
>has no right to sue without authority in statute.
>
> United States v. Plesinski, 912 F.2d 1033 (9th Cir. 1990): State
>Attorney General appointed special U.S. prosecutor. His authority was
>upheld.
>Cases concerning proposition that agencies must act within their
>statutory authority:
> (a) Regents of University System of Georgia v. Carroll, 338 U.S.
>586, 597, 598, 70 S.Ct. 370 (1950): As an administrative body, the
>Commission must find its powers within the compass of the authority
>given it by Congress;
> (b) F.T.C. v. National Lead Co., 352 U.S. 419, 428, 77 S.Ct. 502
>(1957): the Commission may exercise only the powers granted it by the
>Act;
> (c) Civil Aeronautics Board v. Delta Air Lines, Inc., 367 U.S.
>316, 322, 81 S.Ct. 1611 (1961): the fact is that the Board is entirely a
>creature of Congress and the determinative question is not what the
>Board thinks it should do but what Congress has said it can do.
>
>Excellent summary of law and principles regarding delegations:
>Shreveport Engraving Co. v. United States, 143 F.2d 222 (5th Cir. 1944),
>and Krug v. Lincoln National Life Ins. Co., 245 F.2d 848 (5th Cir.
>1957).
>
>Authority of public officials limited by statute:
>
> City of Los Angeles v. Industrial Accident Comm., 8 Cal. App. 2d
>580, 47 P.2d 1096 (1935);
>
> Davis v. Pelley, 230 Ind. 248, 102 N.E.2d 910 (1952);
>
> Blue Boar Cafeteria Co. v. Hackett, 312 Ky. 288, 227 S.W.2d 199
>(1950);
>
> J.S. Bradley Co. v. Squire, 65 Ohio App. 186, 29 N.E.2d 430
>(1939);
>
> Probasco v. Sikes, 77 Wyo. 108, 307 P.2d 817, 821 (1957).
>
> Crosthwait v. State, 135 Tex. 119, 138 S.W.2d 1060, 1061 (1940).
>
> Thornton v. United States, 73-1 USTC 9232 (E.D.Pa. 1973): no
>delegated authority to make jeopardy.
>
> The American public should know the functions and delegated
>authority of federal agencies because it is charged with the knowledge
>of the scope and limitations upon the authority of federal agents, who
>can only act within the scope of such authority; see Federal Crop
>Insurance Corp. v. Merrill, 332 U.S. 380, 384, 68 S. Ct. 1, 3 (1947);
>Dade Park Jockey Club v. Commonwealth, 253 Ky. 314, 69 S.W.2d 363, 365
>(1934); Morris Plan Bank of Georgia v. Simmons, 201 Ga. 157, 39 S.E.2d
>166, 175 (1946); Northern Pac. Ry. Co. v. United States, 70 F. Supp.
>837, 860 (D.Minn. 1946); Sunshine Dairy v. Peterson, 183 Or. 305, 193
>P.2d 543, 552 (1948); United States v. Jones, 176 F.2d 278, 281 (9th
>Cir. 1949); Patten v. State Personnel Board, 234 P.2d 987, 990 (Cal.
>App. 1951); State ex rel Young v. Niblack, 99 N.E.2d 839, 841 (Ind.
>1951); State v. Hartford Accident & Indemnity Co., 138 Conn. 334, 84
>A.2d 579, 581 (1951); Davis v. Pelley, 102 N.E.2d 910, 912 (Ind. 1952);
>Lien v. Northwestern Engineering Co., 54 N.W.2d 472, 476 (S.D. 1952);
>Sittler v. Board of Control of Michigan College, 333 Mich. 681, 53
>N.W.2d 681, 684 (1952); Bear River Sand & Gravel Corp. v. Placer
>County, 258 P.2d 543, 546 (Cal. App. 1953); Rogers v. County Comm. of
>New Haven County, 141 Conn. 426, 106 A.2d 757 (1954); Mason County Civic
>Research Council v. County of Mason, 343 Mich. 313, 72 N.W.2d 292, 296
>(1955); Government of Virgin Islands v. Gordon, 244 F.2d 818, 821 (3rd
>Cir. 1957); Joseph A. Cicci, Inc. v. Allanson, 187 N.Y.S.2d 911, 913
>(1959); Atlantic Co. v. Moseley, 215 Ga. 530, 111 S.E.2d 239, 242
>(1959); Flavell v. Dept. of Welfare, City and County of Denver, 355 P.2d
>941, 943 (Colo. 1960); City of Calhoun v. Holland, 222 Ga. 817, 152
>S.W.2d 752, 754 (1966); Gray v. Johnson, 395 F.2d 533, 537 (10th Cir.
>1968); Gammill v. Shackelford, 480 P.2d 920, 922 (Okl. 1970); Baker v.
>Deschutes County, 498 P.2d 803, 805 (Or.App. 1972); City of Mercer
>Island v. Steinmann, 9 Wash. App. 479, 513 P.2d 80, 83 (1973); United
>States v. Gemmill, 535 F.2d 1145 (9th Cir. 1976); Lopez-Telles v.
>I.N.S., 564 F.2d 1302 (9th Cir. 1977); Bollow v. Federal Reserve Bank,
>650 F.2d 1093, 1100 (9th Cir. 1981); Lavin v. Marsh, 644 F.2d 1378, 1383
>(9th Cir. 1981); Smith v. Sorensen, 748 F.2d 427, 432 (8th Cir. 1984);
>and Watrel v. Commonwealth Dept. of Education, 488 A.2d 378, 381 (Pa.
>Comwlth. 1985). And acts of federal agents without delegated authority
>are void; see Cudahy Packing Co. v. Holland, 315 U.S. 357, 62 S.Ct. 651
>(1942); United States v. Giordano, 416 U.S. 505, 94 S.Ct. 1820 (1
>
>
>With Love, Liberty and Justice for All,
>Alex
>http://www.drbraces.com
>e-mail: drbraces@drbraces.com
>
>"When the people fear their government you have tyranny.
>When the government fears the People, you have liberty."
> Thomas Jefferson
>
>Liberty is NEVER an option... only a condition to be lost!
>
>
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Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
email: [address in tool bar] : Eudora Pro 3.0.2 on Intel 586 CPU
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