Page:Federal Reporter, 1st Series, Volume 3.djvu/119

 Ii2 FEDERAL REPORTER. �rule, is not only clear, under the authoritîes, but also upon principle, since the proceedings can be justified only upon the ground that the land should be taken for public use and for the public interest. �The motion to dissolve the injunction ia sustained. ���In THE Matter of Hbnsy p. Faerow and John S. Bigbt, �claimants of the office of United States Attor- �ney for the Districts of Georgia, �{Circuit Court, JV. X>. Georgia. July 17, 1880.) �1. PowKB OF President to Fill Vaoancibb in Office — Aet. 2, j 2, ov �Constitution — Ebv. St. $ 1769. — The phrase " vaciinoies which may happen during the recess of the senate," found in section 2, art. 2, of the constitution, and section 1769 of the Revised Statutes of the United States, authorizing the president to flil vacancies itt ofBoe, means "vacancies that may happen to exigt during the recess of th« senate." �2. Bamb— District Attornby — Rev. St. 4 793.— Section 793 of the Re- �vised Statutes of the United States, providing that, " in case of a va- canoy in the office of district attorney or marslial within any circuit, the circuit justice of such circuit may flll the same, and the person appointed by him shall serve until an appointment is made by the president, and no longer," does not oust the power of the president to appoint under section 2, art. 2, of the constitution, and section 1769 of the Kevised Statutes of the United States, but merely authorizes the circuit justice to flll the vacancy until the president shali act. �The parties to this controversy agreed with each other to Bubmit-the same to the court without pleadings, and upon the foUowing agreed statement of facts : �Henry P. Farrow held the office by appointment of the president, with the advioe and consent of the senate, for a term which expired April 19, 1880, during the session of the «enate. On the twenty-tbird day of April, 1880, Mr. Justice Bradley, circuit justice for the fifth circuit, appointed Mr., Farrow to the office, under the provisions of section 793 of the Eevised Statutes of the United States, which appointment ����