Joseph McKenna

“ It is elementary that all the words of the statute must be considered in determining its meaning, and we may not, therefore, disregard the provision of the statute which directs the Secretary to determine and ascertain the full amount which should have been paid if the said contract had been carried out in full, without change or default made by either of the parties. And it seems to us that these words express the subject of inquiry, the exact command to the Secretary to which the other provisions of the statute are subordinate. He was not to determine if Parish was in default. ”

“ He was not permitted to fulfil his contract, he dared not be unprepared to do so upon any notice. This court, in Parish v. United States, supra, has portrayed the situation. The demand upon him was 'an unequivocal demand,' the court said, for 30,000 tons, and 'to enable him to fulfil this demand . . . required promptitude and diligence in securing the ice.' The court states why. A moment's reflection on the situation shows us why. The ice was needed for the use of the armies in the field. It might be demanded at any time. ”

“ Relator contends that the Secretary was directed to ascertain what amount Parish should receive under the contract, 'which he was ready, able, and willing to carry out.' Respondent contends that the Secretary was to pass on the evidence taken in the court of claims, and make such finding as might seem right and proper to him. In other words, to exercise judgment and discretion.
To sustain their respective contentions the parties do not urge the same words as the tests of the meaning of the statute. ”