William Howard Taft

“ There is a class of cases in which a relator in mandamus has successfully sought to compel action by an officer who has discretion concededly conferred on him by law. The relator in such cases does not ask for a decision any particuar way but only that it be made one way or the other. ”

“ She sought by mandamus to compel the Secretary, who under the law administered the Naval Pension fund, to allow the special pension. This court held that Congress intended the Secretary to construe the statutes and to allow the pensions accordingly, and that although the court might, as a matter of legal construction, differ from his conclusion, it could not by mandamus or injunction constrain him in his exercise of his discretion. ”

“ The Interior Department had held from the beginning that this proviso did not embrace money spent for real estate or mining rights. The ruling was based in part at least on the legislative history of the bill, which showed that it originally contained an express provision for expenditures for real estate as a proper element in calculating the net losses to be reimbursed, and that this provision was objected to as involving too speculative a subject-matter and it was stricken out. ”

“ She received the pension under the general law and then applied for the special pension, which was refused by the Secretary of the Navy, on the ground that she was given an election of one of two funds and she had elected. ”

“ On November 23, 1921, after the first award in this case, section 5 was amended (chapter 137, 42 Stat. 322) by adding another proviso that all claimants who in response to the request of any government agency mentioned in the act expended money 'in producing or preparing to produce' managnese, and had mailed their claims in time 'if the proof in support of said claims clearly shows them to be based upon action taken in response to such request * * * shall be reimbursed such net losses as they may have incurred and are in justice and equity entitled to from the appropriation in said act. ”

“ The amendments still left all claims to his sense of justice and equity.
Two cases upon which the relator relies do not aid him. They depend on the construction of the particular statute. In Work v. Mosier, 261 U.S. 352, 43 S.C.t. 389, 67 L. Ed. 693, we held that the statutory direction that certain income due minors of the Osage Indians be paid was clear and positive and it was not left to the Secretary of the Interior to vary it, i. e., he was not given discretion finally to construe it. In Work v. ”