United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ex Parte Park & Tilford, 245 U.S. 82 (1917)

Ex Parte Park & Tilford

No. 24, Original

Argued October 15, 16, 1917

Rule discharged November 5, 1917

245 U.S. 82

Syllabus

Mandamus will not issue from this Court to compel a subordinate court to make a particular decision. The jurisdiction of this Court in that regard is no greater in a case in which the lower court's decision is by law made final than in those in which decisions are reviewable in the ordinary ways.

The Court of Customs Appeals decided that, under the last clause of paragraph I, § 3, of the Tariff Act of 1913, c. 16, 38 Stat. 114, 184, the collector was required to assess certain goods upon their entered

Page 245 U. S. 83

value unless directed otherwise by the Secretary of the Treasury, and that the Secretary's refusal to give a contrary direction was discretionary, and not reviewable by the Board of General Appraisers or by the Court of Customs Appeals, and, upon these grounds, affirmed the Board's decision. Held that the court had taken jurisdiction and decided the case upon its merit, and that mandamus would not lie to compel it to inquire into and pass upon the Secretary's refusal.

Rule discharged.

The case is stated in the opinion.