rs before him, died in the
course of his suit for salary.

[316] 295 U.S. at. 627-629, 631-632. Justice Sutherland's statement,
quoted above, that a Federal Trade Commissioner "occupies no place in
the executive department" (_See also_ to the same effect p. 630 of the
opinion) was not necessary to the decision of the case, was altogether
out of line with the same Justice's reasoning in Springer _v._
Philippine Islands, 277 U.S. 189, 201-202 (1928), and seems later to
have caused the author of it much perplexity. _See_ Robert E. Cushman,
The Independent Regulatory Commissions (Oxford University Press, 1941),
447-448. As Professor Cushman adds: "Every officer and agency created by
Congress to carry laws into effect is an arm of Congress. * * * The term
may be a synonym; it is not an argument." Ibid. 451.

[317] United States _v._ Perkins, 116 U.S. 483 (1886).

[318] Parsons _v._ United States, 167 U.S. 324 (1897).

[319] Shurtleff _v._ United States, 189 U.S. 311 (1903).

[320] Blake _v._ United States, 103 U.S. 227 (1881); Quackenbush _v._
United States, 177 U.S. 20 (1900); Wallace _v._ United States, 257 U.S.
541 (1922).

[321] Morgan _v._ TVA, 28 F. Supp. 732 (1939), certiorari refused March
17, 1941. 312 U.S. 701, 702.

[322] _See_ United Public Workers _v._ Mitchell, 330 U.S. 75 (1947);
_also_ Ex parte Curtis, 106 U.S. 371 (1882); and 39 Op. Atty. Gen. 145
(1938).

[323] 6 Op. Atty. Gen. 220 (1853); In re Neagle, 135 U.S. 1 (1890).

[324] United States _v._ Lovett, 328 U.S. 303 (1946).

[325] Messages and Papers of the Presidents, II, 847 (January 10, 1825).

[326] _See_ 328 U.S. at 313.

[327] In this connection the following colloquy between Attorney General
Lincoln and the Court in course of the proceedings in Marbury _v._
Madison is of first importance: "Mr. Lincoln, attorney-general, having
been summoned, and now called, objected to answering. * * * On the one
hand he respected the jurisdiction of this court, and on the other he
felt himself bound to maintain the rights of the executive. He was
acting as secretary of state at the time when this transaction happened.
He was of opinion, and his opinion was supported by that of others whom
he highly respected, that he was not bound, and ought not to answer, as
to any facts which came officially to his knowledge while acting as
secretary of state. He did not think himself bound to disclose his
official transactions while acting as secretary of state; *