Oliver Wendell Holmes, Jr.

“ This is a petition to the Supreme Court of the District of Columbia for mandamus to direct the Secretary of the Treasury to pay the amount of two certificates issued to the petitioner by the Secretary of State. The petitioner is receiver of the Orinoco Company, Limited. That Company had claims for damages against the United States of Venezuela, which, with others, by agreement between the two governments, the United States of America released upon receiving from the United States of Venezuela a certain sum in trust for the parties having the claims. ”

“ The petitioner demurred. The demurrer was overruled and the petition was dismissed by the Supreme Court and its judgment was affirmed by the Court of Appeals.
The theory of the answer seems to be that the purpose of the Act of Congress was to appopriate a fund to the claim and to transfer the claim to that fund, leaving the question of title open to litigation in the ordinary courts, as has been held in more or less similar cases. Butler v. Goreley, 146 U.S. 308, 309, 310, 13 Sup. Ct. 84, 36 L. Ed. 981; Id., 147 Mass. 8, 12, 16 N. E. 734; United States v. ”

“ Ct. 885, 35 L. Ed. 550, reversing s. c., 146 Mass. 545, 16 N. E. 437, judicial action is supposed to be necessary for the final determination of the right. But we cannot consider that question or the other arguments upon the merits of the case, because, Mr. ”