Note 294 — ARTICLE II (continued 2)

United States v. Germaine, 99 U.S. 508 (1879) is the leading case. For further citations see Auffmordt v. Hedden, 137 U.S. 310, 327 (1890). The Court will, nevertheless, be astute to ascribe to a head of department an appointment made by an inferior of such head. Nishimura Ekiu v. United States, 142 U.S. 651, 663 (1892). For the view that there is an intrinsic difference between a "public office" and a "public employment" see Mechem, Public Officers, pp. 3-5.