Melville Fuller

“ The writ of mandamus cannot issue in a case where its effect is to direct or control the head of an executive department in the discharge of an executive duty involving the exercise of judgment or discretion. U.S. v. Windom, 137 U.S. 636, 644, ante, 197. When by special statute, or otherwise, a mere ministerial duty is imposed upon the executive officers of the government, that is, a service which they are bound to perform without further question, then, if they refuse, the mandamus may be issued to compel them. ”

“ If there was any unlawful withholding from the petitioner of the $41,129.74, the money was withheld by the government of the United States acting through the secretary of state, and any claim of the petitioner, based upon an unlawful withholding, was a claim against the government of the United States.' Congress, in furnishing the auxiliary legislation needed to carry the results of the convention under consideration into effect, requested the president to so far investigate certain charges of fraud as to determine whether a retrial ought to be had. ”

“ Claims presented and evidence submitted to such a tribunal must necessarily bear the impress of the entire good faith of the government from which they come, and it is not to be presumed that any government will for a moment allow itself knowingly to be made the instrument of wrong in any such proceeding. No technical rules of pleading as applied in municipal courts ought ever to be allowed to stand in the way of the national power to do what is right under all the circumstances. ”