Master Fairness Marshall speaks here to be “operating not as much as a contract”; in the modem words the kind of non-manager status he’s explaining is often known as one out of independent builder
5 In an opinion discussing an Appointments Clause issue, Attorney General Robert F. Kennedy referred to Hartwell as providing the “classical definition pertaining to an officer.” Communications Satellite Corporation, 42 Op. Att’y Gen. 165, 169 (1962). Hartwell itself cited several earlier opinions, including Us v. Maurice, 26 F. Cas. 1211 (C.C.D. Va. 1823) (No. 15,747) (Marshall, Circuit Justice), discover 73 U.S. at 393 n. †, and in turn has been cited by numerous subsequent Supreme Court decisions, including United states v. Germaine, 99 U.S. 508, 511-12 (1878), and Auffmordt v. Hedden, 137 U.S. 310, 327 (1890). These latter two decisions were cited with approval by the Court in Buckley, 424 U.S.
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