Wilbur v. United States Ex Rel. Chestatee Pyrites Corp., 288 U.S. 97 (1933)

Wilbur v. United States ex Rel. Chestatee Pyrites & Chemical Corp.

No. 335

Argued December 6, 1932
Decided January 16, 1933
288 U.S. 97

CERTIORARI TO THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

1. Upon applications within the War Minerals Relief Acts of October 5, 1918, and March 2, 1919, allowance on account of purchase of equipment and machinery, or salaries paid to executive officers of the claimant corporation who were its only stockholders, or payment for legal services, are not inhibited a a matter of law, and it is for the Secretary of the Interior to determine, as a matter of fact, whether and to what extent such allowances would be just and equitable in the peculiar facts of the case. Wilbur v. Vindicator Co., 284 U.S. 231. P. 100.

2. Under the Act of February 13, 1929, the Secretary of the Interior may be required by mandamus to reconsider on the facts allowance claimed under the War Minerals Relief Act which he is shown to have rejected in the erroneous belief that, because of their nature, they were not permitted by the law. P. 101.

61 App.D.C. 212, 59 F.2d 887, affirmed.

Certiorari to review the affirmance of a judgment in mandamus requiring the Secretary of the Interior to proceed with the adjustment of a claim under the War Mineral Relief Act.