Wilbur v. U. S. Ex Rel. Vindicator Consolidated Gold Mining Co.

284 U.S. 231, 52 S. Ct. 113, 76 L. Ed. 261, 1931 U.S. LEXIS 471
CourtSupreme Court of the United States
DecidedDecember 14, 1931
DocketNos. 66, 67
StatusPublished
Cited by32 cases

This text of 284 U.S. 231 (Wilbur v. U. S. Ex Rel. Vindicator Consolidated Gold Mining Co.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilbur v. U. S. Ex Rel. Vindicator Consolidated Gold Mining Co., 284 U.S. 231, 52 S. Ct. 113, 76 L. Ed. 261, 1931 U.S. LEXIS 471 (1931).

Opinion

Mr. Justice Butléb

delivered the opinion of the Court.

No. 66

May 31, 1919, the relator, under § 5 of the Act of March 2 of that year, 40 Stat. 1272, known as the V ir Minerals Relief Act, filed with the Secretary of the Interior a claim for net losses alleged to have been suffered by reason of producing or preparing to produce chrome in compliance with the request of the Secretary. The claim •included an item of $16,259 asserted to be a net loss by *234 reason of the expenditure of that amount for the purchase of land upon which the miné was located. Relator still holds the title. May; 15,* 1922, the Secretary held that under the Act he was not authorized to adjust or pay losses by reason of expenditures for the purchase of property, and on that ground denied any award on account of that item.

In Work v. Rives (1925), 267 U. S. 175, we held that the Act made the Secretary’s decisions conclusive. But Congress, by the Act of February 13, 1929, 45 Stat. 1166, authorized the Supreme Court of the District of Columbia to review the filial decision of the Secretary upon any question of law 'which had arisen or might thereafter arise in the adjustment of such claims, expressly leaving his decisions on questions of fact conclusive.

February 18, 1929, relator sued for a writ of mandamus directing the Secretary to take jurisdiction and to adjust and pay relator its net losses suffered by reason of the purchase' of such property. The court held the Secretary rightly decided the question of law and dismissed the petition. The Court of Appeals, following its earlier decision in Work v. United States, 295 Fed. 225 (reversed here on the ground that under the Act of 1919 the Secretary’s construction was not- subject to review) held the Secretary erred in law and reversed the judgment. 47 F. (2d) 422. This court granted a writ of certiorari. 283 U. S. 817.

The question for decision is: To what extent, if at all, does the statute empower the Secretary in respect of net loss incurred by relator bynfeason" of its expenditure for such land?

During the World War certain mineral substances and products, including chrome, became essential to the nation’s defense. The need having-become very great, Congress by the Act of October 5,1918, 40 Stat. 1009, declared a large number of such materials to be necessaries, em *235 powered the President, through such agencies as he should designate, to acquire and distribute the same and also to requisition, develop and operate lands, mines and plants capable of producing them, and appropriated $50,000,000 to carry out the purpose of the statute. The Armistice, November 11, 1918, ended the emergency.

By § 5 of the Relief Act .the Secretary is empowered “ to adjust . . . and pay such net losses as have been suffered by any person ... by reason of producing or preparing to produce either, manganese, chrome, pyrites, or* tungsten in compliance with the request or dbmand of the Department of the Interior, the War Industries Board, the War Trade Board, the Shipping Board, or the Emergency Fleet Corporation to supply the urgent needs of the Nation in the prosecution of the war . . . ” * And the section limits the authority of the Secretary, to such “ adjustments and payments in each case' as he shall determine to be jüst and equitable.” It requires that all disbursements shall be made out of funds appropriated by the Act of 1918, and shall not exceed $8,500,000. A proviso declares that no claim shall be allowed or paid unless it shall appear to the ■satisfaction of the Secretary that the expenditures so made were made in good faith “ for or upon property which contained either manganese, chrome, pyrites, or tungsten in sufficient quantities to be of commercial importance.”

The Act of November 23, 1921, 42 Stat. 322, amends, and broadens § 5 of the Relief Act by adding to its first paragraph a provision that “ all claimants who, in response to any personal, written, or published request, demand, solicitation, or appeal from any of the Government agencies mentioned in ” the Act of October 5, 1918, 1 “ in good faith expended money in producing or preparing to produce any of the ores or minerals named therein and have *236 heretofore mailed or filed their claims or notice in writing thereof within the time and in the manner prescribed by-said Act, if the proof in support of said claims clearly shows them to be based upon action taken in response to such request, demand, solicitation or appeal, 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.” And by the Act of June 7,' 1924, 43 Stat. 634, the limitation of the aggregate amount to be disbursed under the Act of 1919 was repealed.

Section 5, the proviso referring to expenditures for or upon property ” containing the minerals, and the amendment of 1921 are plainly broad enough to include net losses resulting by reason of expenditures for the purchase of property and leave no room to doubt that it was the purpose of Congress to empower the Secretary to take them into account in arriving at the amount, if any, to be allowed and paid.

The petitioner argues that the phrase such net losses as have been suffered ” excludes claims where, at the time of the enactment, the purchaser still retained title to the property. But the net losses mentioned are not thus limited. Losses by reason of expenditures for property, real or personal, still owned by claimants are not excepted. The purpose is merely to reimburse; loss-resulting from spéculative investments is excluded; allowance of profits is forbidden. In determining actual net loss the value of the property purchased and retained by claimant is necessarily to be taken into account. The construction for which petitioner contends necessarily rests upon the hypothesis that one may not suffer loss by reason of expenditures for land while he continues to own it. No such assumption can be entertained, for it is everywhere known that the contrary is true, and that the value of lands and plants purchased and constructed to produce *237 minerals and other things needed wholly or principally tó carry on the war was liable to, and in fact generally did, greatly and permanently decline when the struggle ended. And, in support of his contention, petitioner invokes history of the legislation, but that is not here permissible, for the language and meaning of the statute in respect of the question under consideration are clear. United States v. Missouri Pacific R. Co., 278 U. S. 269, 278.

The conclusion is plain.

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284 U.S. 231, 52 S. Ct. 113, 76 L. Ed. 261, 1931 U.S. LEXIS 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilbur-v-u-s-ex-rel-vindicator-consolidated-gold-mining-co-scotus-1931.