Melville Fuller

“ But, without further remark on this branch of the case, it must be admitted that, even if the rulings of the department were erroneous and its practice not controlling, upon which we express no opinion, whatever sum was to be paid was left to be determined by the secretary of the treasury as he should deem reasonable and just, and this involved the exercise of judgment and discretion on his part. The courts cannot control, though in proper cases they may direct, the exercise of judgment or discretion in an executive officer. ”

“ The amount to be paid is to be ascertained by proving the facts before the proper judge, obtaining his certificate and the approval of the secretary of the treasury.'
Certain considerations, however, confront us at the threshold, which are fatal to the judgment, and render any determination of the principal question discussed uncalled for. ”

“ The circuit court of appeals held that the words, in respect of payment for expenses and services, 'in all such cases,' in section 838, referred to the cases previously mentioned in the section, namely, the cases reported by the collector to the district attorney for examination; that, therefore, the attorney would be entitled to be paid for expenses and services in all cases reported to him and examined, regardless of the results of such examination ”