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Caption: Booklet - UI Charter of Freedom (1942)
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35 risprudence hafl always recognized, and extends to every governmental proceeding which may in4 terfere with personal or property rights, whether the process be legislative, judicial, administrative or executive." In Garfield v. Goldsby, 211 U. S. 249, a commission had found that Goldsby was an approved member of the Chickasaw Nation and entitled to be upon the Government roll. His name had been stricken from the roll without notice to him by Garfield's predecessor in office as Secretary of the Interior. Goldsby brought mandamus against Garfield as Secretary of the Interior to require him to erase certain marks and notations theretofore made by his predecessor in office upon the rolls striking Goldsby therefrom, and to restore him to enrollment as a member of the Nation. In affirming a judgment awarding the writ, Mr. Justice Day, speaking for the Supreme Court, said (p. 262) : "But, as has been affirmed by this court in former decisions, there is no place in our constitutional system for the exercise of arbitrary power, and if the Secretary has exceeded the authority conferred upon him by law, then there is power in the courts to restore the status of the parties aggrieved by such unwarranted action • * *>> "The right to be heard before property is taken or rights or privileges withdrawn, which have been previously legally awarded, is of the essence of due process of law. It is unnecessary to recite the decisions in which this principle has been repeatedly recognized. It is enough to say that its binding obligation has never been questioned in this court." In Dacus v. Johnston, 180 So. Car. 329, 185 S. E. 491. Johnston, as the governor of South Carolina, suspended Dacus from his office of State Highway Commissioner without a hearing, claiming authority there-
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