United States Ex Rel. Redfield v. Windom

Citations

• 137 U.S. 636
• 11 S. Ct. 197
• 34 L. Ed. 811
• 1891 U.S. LEXIS 2052

Syllabus

<p>Cases cited in which it has been decided that a person holding public office may be compelled by writ of mandamus to perform the duties imposed upon him by law.</p> <p>When the duty which the court is ashed to enforce by mandamus is plainly ministerial, and the right of the party applying for the writ is clear, and he is without other adequate remedy, the writ may issue ; but, where the ' effect of the writ is to discharge or control the head of an Executive Department in the discharge of a duty involving the exercise of judgment or discretion, it should not issue.'</p> <p>Cases cited and referred to in which a writ of mandamus will not be issued to compel the performance of even a purely ministerial act.</p> <p>M. furnished material and performed labor for the United States under a contract, and when the work was done and the materials furnished he presented his account to the proper officer for adjustment and settlement. The balance was found to be correct so far as the labor and material were concerned, but it was also found that through penalties and forfeitures that balance was liable to be materially reduced. It also appeared that M. was indebted to mechanics, sub-contractors, laborers and material men in a large amount for work done and materials furnished under the contract. The treasury officials agreed with M. that this account should be adjusted without enforcing the penalties and forfeitures, if he would consent that his said indebtedness should be paid out of the sum so allowed, and that the control of the money should not be given up until those claims were satisfied. He assented, and a draft was prepared accordingly. M. did not comply with those conditions, but instead thereof applied to the Supreme Court of the District of Columbia for leave to file an application for a writ of mandamus, to compel the Secretary of the Treasury to deliver the draft to him, without first making the agreed payments. That officer made a return to the petition, setting