United States v. Mellon

Citation32 F.2d 415
Decision Date01 April 1929
Docket NumberNo. 4851.,4851.
PartiesUNITED STATES ex rel. AMERICAN SILVER PRODUCERS' ASS'N et al. v. MELLON, Secretary of the Treasury et al.
CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)

J. Harry Covington, Spencer Gordon, and C. S. Thomas, all of Washington, D. C., for appellants.

Leo. A. Rover, E. J. Cunningham, Donald V. Hunter, and Clyde Y. Morris, all of Washington, D. C., for appellees.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

VAN ORSDEL, Associate Justice.

Appellants, relators below, appeal from a judgment of the Supreme Court of the District of Columbia dismissing their petition for a writ of mandamus to compel defendants, the Secretary of the Treasury and the Director of the Mint, to make purchases of silver under what is known as the Pittman Act. 40 Stat. 535.

Section 1 of the act, among other things, provides: "That the Secretary of the Treasury is hereby authorized from time to time to melt or break up and to sell as bullion not in excess of three hundred and fifty million standard silver dollars now or hereafter held in the Treasury of the United States. * * * Sales of such bullion shall be made at such prices not less than $1 per ounce of silver one thousand fine and upon such terms as shall be established from time to time by the Secretary of the Treasury."

Section 2 provides in part as follows: "That upon every such sale of bullion from time to time the Secretary of the Treasury shall immediately direct the Director of the Mint to purchase in the United States, of the product of mines situated in the United States and of reduction works so located, an amount of silver equal to three hundred and seventy-one and twenty-five hundredths grains of pure silver in respect of every standard silver dollar so melted or broken up and sold as bullion. * * * The net amount of silver so purchased, after making allowance for all resales, shall not exceed at any one time the amount needed to coin an aggregate number of standard silver dollars equal to the aggregate number of standard silver dollars theretofore melted or broken up and sold as bullion under the provisions of this act, but such purchases of silver shall continue until the net amount of silver so purchased after making allowance for all resales, shall be sufficient to coin therefrom an aggregate number of standard silver dollars equal to the aggregate number of standard silver dollars theretofore so melted or broken up and sold as bullion."

Section 3 provides: "That sales of silver bullion under authority of this act may be made for the purpose of conserving the existing stock of gold in the United States, of facilitating the settlement in silver of trade balances adverse to the United States, of providing silver for subsidiary coinage and for commercial use, and of assisting foreign governments at war with the enemies of the United States. The allocation of any silver to the Director of the Mint for subsidiary coinage shall, for the purposes of this act, be regarded as a sale or resale."

It appears that under the terms of section 3 of the act, the Secretary of the Treasury, by formal allocations, allocated a certain amount of silver to the Director of the Mint for subsidiary coinage. These allocations, it is contended, should be regarded as sales or resales under the provisions of section 3 of the act. It is urged that in such cases a mandatory duty was laid upon the Secretary of the Treasury to immediately direct the Director of the Mint to purchase a corresponding amount of silver from American producers at $1 per ounce. These purchases have not been made to take the place of silver so allocated for subsidiary coinage, and it is to compel the defendants by writ of mandamus to make such purchases that this suit was brought.

The court below dismissed the petition on the ground that the relators were not sufficiently interested in the subject-matter alleged to maintain the action. Without considering the merits of the case, we are of opinion that the disposition of the case by the court below can be sustained. The relator, American Silver Producers' Association, is described in the petition as "a corporation organized not for profit under the laws of Utah, the objects and purposes of which are to advise, aid and support legislation and other procedure looking to the lowering of cost of production, reduction and transportation of silver and the orderly marketing of the same, the elimination of discrimination against the industry, and to subserve, promote and protect the interest of all those engaged in the production of silver in the United States and elsewhere, and in that behalf to prosecute any and all lines of activity which may subserve and promote the welfare of the silver mining industry and those engaged therein." A list of the members of the association is attached to the petition as Exhibit A. It appears that the members of the association are engaged in the production of silver from mines situated in the United States and in the sale of silver produced from such mines, and in the conduct of reduction works in the United States. The relators, Della S. Consolidated Mines Company and Spar Consolidated Mines Company, are described in the petition as "Corporations organized under the laws of Colorado, and are engaged in the production of silver from mines situated in the United States and in the sale of silver the product of mines situated in the United States and of reduction works so located."

The trial justice, in his able opinion in this case, analyzed the status of the relators as follows:

"It will be observed that the first relator is a mere representative of its component members...

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7 cases
  • United States v. Public Utilities Commission, 8995.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 24 Septiembre 1945
    ...372, 67 L.Ed. 673; Alabama Power Co. v. Ickes, 302 U.S. 464, 58 S.Ct. 300, 82 L. Ed. 374; United States ex rel. American Silver Producers' Association v. Mellon, 59 App.D.C. 24, 32 F.2d 415; United States ex rel. Alsop Process Company v. Wilson, 33 App.D.C. 472. 9 Federal Communications Com......
  • Childs v. U.S. Bd. of Parole
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 19 Diciembre 1974
    ...statute, did not confer jurisdiction because "the office of mandamus is to enforce and not establish a right.' United States v. Mellon, 59 U.S.App.D.C. 24, 32 F.2d 415 (1929), certiorari denied 280 U.S. 561, 50 S.Ct. 19, 74 L.Ed. 616; Stowell v. Deming, 57 App.D.C. 223, 19 F.2d 697 (1927) c......
  • United States v. Coe
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 17 Enero 1938
    ...L.Ed. 1250; United States ex rel. McLennan v. Wilbur, 283 U.S. 414, 51 S.Ct. 502, 75 L.Ed. 1148; United States ex rel. American Silver Producers' Ass'n v. Mellon, 59 App.D.C. 24, 32 F.2d 415, 280 U.S. 561, 50 S.Ct. 19, 74 L. Ed. The Commissioner takes the position that if the patentee is wi......
  • Frahn v. Tennessee Valley Authority
    • United States
    • U.S. District Court — Middle District of Alabama
    • 2 Octubre 1941
    ...the cases of Massachusetts v. Mellon, 1923, 262 U.S. 447, 43 S.Ct. 597, 67 L.Ed. 1078, and United States ex rel. American Silver Producers' Association v. Mellon, 59 App. D.C. 24, 32 F.2d 415, 418, certiorari denied, 1929, 280 U.S. 561, 50 S.Ct. 19, 74 L.Ed. 616, from this case. In the latt......
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