Wells v. Roper

Decision Date18 March 1918
Docket NumberNo. 103,103
PartiesWELLS v. ROPER, First Assistant Postmaster General of the United States
CourtU.S. Supreme Court

Messrs. Daniel Thew Wright and T. Morris Wampler, both of Washington, D. C., for appellant.

Mr. G. Carroll Todd, Assistant to the Attorney General, for appellee.

Mr. Justi e PITNEY delivered the opinion of the Court.

This was a suit in equity brought in the Supreme Court of the District of Columbia for an injunction to restrain Daniel C. Roper, First Assistant Postmaster General, from annulling a contract theretofore made between plaintiff and the Postmaster General acting for the United States, and from interfering between plaintiff and the United States in the proper performance and execution of the contract by plaintiff. The Supreme Court sustained a motion to dismiss the bill, its decree to that effect was affirmed by the Court of Appeals of the District of Columbia (44 App. D. C. 276), and plaintiff appeals to this court.

The contract was made February 14, 1913, and by it plaintiff agreed for a stated compensation to furnish, during a period of four years a number of automobiles (with chaffeurs) specially equipped according to specifications for use in collecting and delivering mail at Washington, D. C. One of its provisions (the third) was a stipulation that:

'Any or all of the equipments contracted for herein may be discontinued at any time upon ninety days' notice from the said party of the first part,' meaning the Postmaster General.

Another was:

'18. That all acts done by the First Assistant Postmaster General in respect of this contract shall be deemed and taken, for all purposes, to be the acts of the Postmaster General, within the meaning and intent of this contract.'

Plaintiff expended considerable sums of money and incurred substantial obligations in providing automobiles and other special equipment necessary for the performance of the contract, and continued to perform it for nearly two years. Then the Postmaster General, acting under a provision of an appropriation act approved March 9, 1914 (chapter 33, 38 Stat. 295, 300), by which he was authorized in his discretion to use such portion of a certain appropriation as might be necessary 'for the purchase and maintenance of wagons or automobiles for and the operation of an experimental combined screened wagon and city collection and delivery service,' determined it to be in the interest of the public service that such an experiment should be conducted at Washington, D. C., and in order to do this deemed it necessary to discontinue the service then being performed by plaintiff. Accordingly the First Assistant Postmaster General notified plaintiff in writing that it was essential for the purpose mentioned that his contract should be canceled, and that 'under the third stipulation of the contract the use of all the automobiles furnished thereunder will be discontinued at the close...

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    ...that are "legislative, and therefore, under the Federal Constitution, a matter for congressional action"); Wells v. Roper, 246 U.S. 335, 338, 38 S.Ct. 317, 62 L.Ed. 755 (1918) (decision by Postmaster General and his deputy to cancel contract "was executive in character, not ministerial, and......
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    ...bounds of their lawful powers State of Colorado v. Toll, 268 U.S. 228, 230, 45 S.Ct. 505, 69 L.Ed. 228 (1925); Wells v. Roper, 246 U.S. 335, 338, 38 S.Ct. 317, 62 L.Ed. 755 (1918); Philadelphia Co. v. Stimson, 223 U.S. 605, 619-620, 32 S.Ct. 340, 56 L.Ed. 570 (1912); Cunningham v. Macon & B......
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    ...body" and those that are "legislative, and therefore, under the Federal Constitution, a matter for congressional action"); Wells v. Roper, 246 U.S. 335, 338 (1918) (decision by Postmaster General and his deputy to cancel contract "was executive in character, not ministerial, and required an......
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