Joseph P. Bradley

“ In general, such duties, whether imposed by act of congress or by resolution, are not mere ministerial duties. The head of an executive department to the government, in the administration of the various and important concerns of his office, is continually required to exercise judgment and discretion. He must exercise his judgment in expounding the laws and resolutions of congress, under which he is from time to time required to act. If he doubts, he has a right to call on the attorney general to assist him with his counsel ”

“ We have been more full in stating the facts of the case in order that the legal grounds on which that application is based may clearly appear. The case does not require an extended discussion. The questions of law on which it depends have been closed by repeated decisions of this court. ”

“ No. 991 was an application by Oscar Dunlap, the relator, to the supreme court of the District of Columbia, for a writ of mandamus to be directed to the respondent, Black, as commissioner of pensions, commanding him to reissue to the relator his pension certificate for $25 per month from June 6, 1866 ”

“ St. 39,) it was provided that, in cases of blindness or loss of both hands or both feet, or total helplessness, requiring the regular and personal aid of another person, the pension should be increased from $31.25 to $50 per month. By the act of February 28, 1877, (Supp. Rev. St. 282,) it was provided that those who had lost one hand and one foot should be entitled to a pension for each of such disabilities at the rate of existing laws,-which made the total pension $36 per month. The relator, in April, 1877, applied for the benefit of this law, and it was granted to him. ”

“ The following passage in the petition for mandamus shows the position taken by the relator: 'And your relator further says that the respondent has thus expressly found the facts in your relator's case to be (1) that while your relator was in the military service * * * he sustained such wounds and injuries as resulted in the loss of his right hand and right foot, and at the same time sustaining injury to the head ”