OpenLLM-France/wikimedia huggingface dataset:
# United States v. Wunderlich/Dissent Douglas

* Court Documents
* Case Syllabus
* Opinion of the Court
* Dissenting Opinions Douglas Jackson
* Wikipedia article
United States Supreme Court
342 U.S. 98
United States v. Wunderlich
Argued: Nov. 6, 1951. --- Decided: Nov 26, 1951
Mr. Justice DOUGLAS, with whom Mr. Justice REED concurs, dissenting.
Law has reached its finest moments when it has freed man from the unlimited discretion of some ruler, some civil or military official, some bureaucrat. Where discretion is absolute, man has always suffered. At times it has been his property that has been invaded; at times, his privacy; at times, his liberty of movement; at times, his freedom of thought; at times, his life. Absolute discretion is a ruthless master. It is more destructive of freedom than any of man's other inventions.
The instant case reveals only a minor facet of the age-long struggle. The result reached by the Court can be rationalized or made plausible by casting it in terms of contract law: the parties need not have made this contract; those who contract with the Government must turn square corners; the parties will be left where their engagement brought them. And it may be that in this case the equities are with the Government, not with the contractor. But the rule we announce has wide application and a devastating effect. It makes a tyrant out of every contracting officer. He is granted the power of a tyrant even though he is stubborn, perverse or captions. He is allowed the power of a tyrant though he is incompetent or negligent. He has the power of life and death over a private business even though his decision is grossly erroneous. Power granted is seldom neglected.
The principle of checks and balances is a healthy one. An official who is accountable will act more prudently. A citizen who has an appeal to a body independent of the controversy has protection against passion, obstinacy, irrational conduct, and incompetency of an official. The opinion by Judge Madden in this case expresses a revulsion to allowing one man an uncontrolled discretion over another's fiscal affairs. We should allow the Court of Claims, the agency close to these disputes, to reverse an official whose conduct is plainly out of bounds whether he is fraudulent, perverse, captious, incompetent, or just palpably wrong. The rule we announce makes government oppressive. The rule the Court of Claims espouses gives a citizen justice even against his government.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# United States v. Wright

* Search for titles containing or beginning with: "United States v. Wright."
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This is a disambiguation page. It lists works that share the same title. If an article link referred you here, please consider editing it to point directly to the intended page.
* United States v. Wright (78 U.S. 648)
* United States v. Wright (229 U.S. 226)
See also Wright v. United States.
# United States v. Wright (78 U.S. 648)

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
78 U.S. 648
United States v. Wright
ERROR to the Circuit Court for the Middle District of Tennessee.
This was an action by the United States against a principal and his sureties on a postmaster's bond. At the trial, the defendants claimed, by way of set-off, under the 5th section of the act of March 3, 1863, certain credits which were proved to have been presented by the postmaster to the department and disallowed. The section mentioned provides:
'That whenever, by reason of the presence of a military or naval force near any post-office, unusual business accrues thereat, the Postmaster-General is hereby required to make a special order allowing proportionately reasonable compensation to the postmaster, and for clerical services, during the period of such extraordinary business.'
Testimony was admitted as to the presence of United States military forces near the office of the postmaster during the term to which his claim related, and the court charged the jury that 'if they were satisfied that, owing to the presence of such forces near said office, during said time, an increased amount of business had been occasioned, it would be proper for them to inquire as to what clerical assistance, if any, was rendered necessary thereby, and to allow said postmaster as a credit the fair compensation for such necessary clerical assistance.'
The question was, the correctness of this charge. It depended, of course, upon the construction to be given to the 5th section above quoted of the act of March 3, 1863.
It is necessary to state that by the 9th section of the act of July 5, 1836, which prescribes the general duties of the Postmaster-General, that officer is, among other things, required
'To control, according to law, . . . the allowances to postmasters, the expenses of post-offices, and other expenses incident to the service of the department; to regulate and direct the payment of the said allowances and expenses for which appropriations have been made,' &c.
Mr. Bristow, Solicitor-General, and Mr. C. H. Hill, Assistant Attorney-general, for the United States. No opposing counsel.
Mr. Justice DAVIS delivered the opinion of the court.

## Notes

* ↑ 12 Stat. at Large, 702.
* ↑ 5 Stat. at Large, 81.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# United States v. Wright (78 U.S. 648)/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
78 U.S. 648
United States v. Wright
The instruction given by the learned judge who tried the case was clearly erroneous, for it referred to the jury a matter which, under the law, rested wholly in the discretion of the Postmaster-General. The act of March 3, 1863, which embraces the section upon whose construction the disposition of the case depended, effected great changes in the administration of the post-office department, but it did not take from the Postmaster-General the right to control and regulate the allowances to postmasters and the expenses of their offices, which was conferred by the 9th section of the act of July 5, 1836. Indeed, it would seem that the general power granted by that section was sufficient to meet the exigencies provided for by the fifth section of the act of March 3, 1863, but be this as it may, the latter section did nothing more than to require the Postmaster-general, in case the business of a particular post-office was considerably increased, on account of the location of the national forces in its vicinity, to compensate the postmaster for the extra labor performed and the additional expenses incurred.
The section did not go further and prescribe rules to govern the action of the Postmaster-General, nor did it seek to interfere with the judicial discretion of that officer. Congress constituted him the sole judge to determine not only whether the exigencies in the case had arisen, but if they had, the manner and extent of the allowance, and it is not competent for court or jury to revise his decision, nor is it re-examinable anywhere else, as there is no provision in the law to that effect. It may be safely laid down as a general rule, says Story, Judge, 'that where a particular authority is confided to a public officer to be exercised by him in his discretion, upon an examination of facts, of which he is made the appropriate judge, his decision upon these facts is, in the absence of any controlling provisions, absolutely conclusive as to the existence of those facts.' #fn-s-s-s
JUDGMENT REVERSED, AND A VENIRE DE NOVO AWARDED.
# United States v. Wunderlich
## Dissenting Opinions

    Douglas
    Jackson
United States Supreme Court
342 U.S. 98
United States v. Wunderlich
Argued: Nov. 6, 1951. --- Decided: Nov 26, 1951
Paul A. Sweeney, Washington, D.C., for petitioner.
Harry D. Ruddiman, Washington, D.C., for respondents.
Mr. Justice MINTON delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# United States v. Republic Steel Corp

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.

## Dissenting Opinion

    Harlan
United States Supreme Court
362 U.S. 482
United States v. Republic Steel Corp
Argued: Jan. 12, 13, 1960. --- Decided: May 16, 1960
See 363 U.S. 858, 80 S.Ct. 1605.
Mr. J. Lee Rankin, Sol. Gen., Washington, D.C., for petitioner.
Mr.Raymond T. Jackson, Cleveland, Ohio, for respondent, Interlake iron corp.
Mr. Paul R. Conaghan, Chicago, Ill., for respondent, Republic Steel Corp.
Messrs. Peter A. Dammann and W. S. Bodman, Chicago, Ill., submitted on brief for respondent, International Harvester Co.
Mr. Justice DOUGLAS delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# United States v. Repentigny

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
72 U.S. 211
United States v. Repentigny

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# United States v. Resler

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
313 U.S. 57
United States v. Resler
Argued: and Submitted March 14, 1941. --- Decided: April 14, 1941
Mr. Fowler Hamilton, Sp. Asst. to Atty. Gen., for the United States.
Mr. Harry S. Silverstein, of Denver, Colo., for appellees.
Mr. Justice MURPHY delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# United States v. Resnick

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
299 U.S. 207
United States v. Resnick
Argued: Nov. 13, 1936. --- Decided: Dec 7, 1936
Appeals from the District Court of the United States for the Eastern District of Pennsylvania.
Messrs. Homer S.C.ummings, Atty. Gen., and William W. Barron, of Washington, D.C., for the United States.
Messrs. Samuel L. Einhorn and John Arthur Brown, both of Philadelphia, Pa., for appellees Charles and Joseph Resnick.
Messrs. D. Alexander Wieland and John Arthur Brown, both of Philadelphia, Pa., for appellees Acme Can Co.
Mr. Justice BUTLER, delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Voyage in Search of La Pérouse/Volume 2/Appendix 1

Appendix.
Vocabulary of the Language of the Malays.
# Voyage in Search of La Pérouse/Volume 2/Appendix 2

Vocabulary of the Language of the Savages of Diemen's Land.
# Who's Who in China (3rd edition)/Hsiung Ping-ch'i

General Hsiung Ping-ch'i
熊炳琦字測丞
General Hsiung Ping-ch'i was born in Shantung. He graduated from a military academy in North China. General Hsiung served the late President Feng Kuo-chang for many years. When the latter way Commander-in-chief of the Body Guard of the Ching Imperial Family, General Hsiung was a Second Staff Officer. From September 1912 to July 1913, during which period Feng Kuq-chang was Military Governor of Chihli, General Hsiung was his Staff Officer. In December 1913 Feng Kuo-chang became Tutu or Military Governor of Kiangsu, and General Hsiung was appointed Chief of Military Affairs Department. Subsequently he was made a Colonel General. In August 1917 Feng Kuo-chang came to Peking to succeed Li Yuan-hung as President of China General Hsiung was given an important position in the President's Office. Hsiung retired into private life when Feng Kuo-chang was relieved of the Presidency by Hsu Shih-chang in September 1918. In March 1919 General Hsiung was appointed Director of the National University for ​military training. Subsequently he made Lieutenant-General. In May 1920 General Hsiung was awarded the Second Class Chiaho. In November 1920 he left the University and very soon was appointed Chief Staff Officer to the High Inspecting Commissioner of Chihli, Shantung and Honan, who was no other person than Marshal Tsao Kun. In February 1922 General Hsiung received the Second Class Tashou Chiabo. In July 1922 he was made “Chang Wei” Chiangchun, a member of the College of Marshals. In September 1922 General Hsiung was appointed Civil Governor of Shantung--this position he is still holding. In October 1922 he was given the Second Class Paokuang Chiaho. In November 1922 he was appointed to hold concurrently the post of Associate Director of the Shantung Rehabilation Bureau and also that of Director General of the Administration of the Kiaochou Port. He was also commissioned to cooperate with Dr. C. T. Wang in taking over that Port from the Japanese. In February 1923 another appointment was given to him and that was associate director for the Construction Works of the Kungchiakou Breach of the Yellow River. In May 1923 General Hsiung was ordered to be censured in connection with the Lincheng Outrage, but to remain in position as before. In November 1923 General Hsiung was given the brevet rank of a full General.
# Who's Who in China (3rd edition)/Hsu Ch'ih

Mr. Charles S. Y. Shu-Tze
徐譯字異音
(Hau Ch'ih)
Mr. Shu-Tze was born at Hangchow, Chekiang province, in 1886. He studied Political Science and Law and graduated from Christ College, Cambridge, England, and also the University Libre, Brusselles. After graduation Mr. Shu entered the Chinese diplomatic service. At different times he was secretary to the Chinese legations in Belgium, Switzerland and Spain. In January 1918 he was appointed Third Secretary to the Chinese Legation in Switzerland. In September 1920, Second Secretary to Chinese legation in Spain. During the Paris Peace Conference in 1920 Mr. Shu-Tze served as one of the secretaries of the Chinese Delegation. Upon his return to China he was appointed an Officer of Ceremony in the President's Mansion. In December 1920 Mr. Shu was appointed a Councillor of the Ministry of the Interior-this position he is still holding. In September 1921 he received the Third Class Chiaho and in October the ​Second Class Wenfu. In November 1922 Mr. Shu was appointed acting director of the Civil Affairs Department of the Ministry of the Interior. In the same month he received the appointment as chairman of the Commission for the Prevention of Famine under the Ministry. Mr. Shu was awarded the Second Tashou Chiaho in April 1923 and Second Class Paokuang Chiaho in October 1923. His present address is 27 Shih Fang Yuan East City, Peking, China.
# Who's Who in China (3rd edition)/Hsu Jen-chun

Mr. Hsu Jen Tsing
許人俊学劍青
(Hsu Jen-Chun)
Perhaps no other man has done more to improve the public utilities and sanitary conditions in Chapei Mr. Hsu Jen-tsing, director of the Chapei Public Works, who also holds the office of the Chief of Commissariat of the Yamen of the Military Governor of Sunkiang and Shanghai. Mr. Hsu is forty-nine years old and is a native of Wuhsien, Kiangsu. After receiving his preliminary education under the old literary examination system, he served as secretary to various high officials in North and South China as well as those along the Yangtsze Valley. Later he received a high course of education in finance and law and held several important positions in Kwangtung Province. In 1913 he was appointed by Admiral Tseng Jucheng, then Military Commissioner of Shanghai to join his commissariat. When General Yang Shan-teh succeeded Admiral ​Tseng upon the latter's assassination, he appointed Mr. Hsu head of the department. In this capacity, Mr. Hsu has served since under Generals Lu Yung-hsiang and Ho Feng-lin to the satisfaction of both. Since 1921, Mr. Hsu has been holding the directorship of the Chapei Public Works concurrently; and his work is being appreciated by the residents in Chap ei. Many improvements have been made in the municipal administration while new roads have been constructed to facilitate the communications. Last year, he repaired the banks of the Soocohw Creek and the road along the water front, constructed the Chun Hsin Road, remodelled Paoshan Road and widened the Ta Tung Road, which work drew a considerable amount of favorable comment. Along his new plans are the reconstruction of the Sinza Road Bridge and the building of another reinforced concrete bridge across the Soochow Creek at Kwan Fu Road where the district is thickly populated. Many decorations have been awarded Mr. Hsu by the Central government. The highest of these is the Second Class Chiaho. His official rank is that of the Chief of an Army Commissariat. He is also Brevet Counsellor of the Ministry of Finance, advisor to the Cabinet, the Director of Military Rehabilitation of Chekiang, the Governor of Chekiang and the Woosung Bureau of Commercial Development and delegate to the National Conference of River Conservancy. He has been in Shanghai more than ten years and is well-versed in the diplomatic and political situation of the locality.
# Who's Who in China (3rd edition)/Hsu Hsin-liu

Mr. Singloh Hsu
徐新六字报飛
(Hsu Hsin-liu)
Mr. Singloh Hsu was born in 1890 at Hangchow, Chekiang. After having obtained education in Chinese classics and literature at home, he entered the Imperial Polytechnic College (Nanyang College) Shanghai, from which he was graduated in 1907. In 1908, Mr. Hsu went to England with the Chekiang Provincial government's support and entered Birmingham University to study science. He graduated in 1911 with the degree of B. Sc. Subsequently Mr. Hsu entered the Faculty of Commerce, Victoria University of Manchester when he was graduated in 1913 with the degree of B. Com. Mr. Hsu then went to Paris and entered the Ecole des Sciences Politiques (Finance Section). Mr. Hsu returned to China in 1914. The next year, he joined the Ministry of Finance, Peking, as a "Chien Shih" Secretary, which position he later resigned to join the Bank of China as associate director of the Treasury Department. In 1917 Mr. Hsu again ​joined the Ministry of Finance as a Secretary to the Minister. He returned again to the Bank of China in 1918 as sub-manager of the Peking Office. In 1919 Mr. Hsu was sent to Europe by the government and attached to Mr. Liang Chi-chiao's Mission. While in Europe, he served as Chinese Technical Delegate for Reparations. He returned to China in July of the same year. Subsequently Mr. Hsu organized the Sintoon Overseas Trading Co, Ltd. and he was elected to be a managing director. In the same year assistant general manager. Mr. Hsu was awarded by the Peking government the Third Class Chiaho in December 1918 and the Third Class Wenfu in January 1920.
# Who's Who in China (3rd edition)/Hsu En-yuen

Mr. Hsu Un-yuen
徐恩元字容光
# Who's Who in China (3rd edition)/Hsu Fu-lin

Mr. Hsu Fu-lin
徐博霖字夢凝
Mr. Hsu Fu-lin was born at Ho-ping Hsien, Kuangtung Province, in 1870. He became an orphan when he was only three years old. But he was a studious boy and now is one of the noted scholars in that province. Under the old Competitive Examination system, Mr. Hsu was a Senior Licentiate. From the Peking Law College he graduated and then he went to study in Japan. He graduated with the degree of Bachelor of Law from the Hosie University. After his return to China, Mr. Hsu became a secretary to the Judicial Commissioner—then called Ch'a Shih-of his own province. Mr. Hsu played an important part in the First Revolution. He was provincial assemblyman chosen by the Ho-ping district to Canton. In January 1912 he was in Nanking as a member of the National Council which drafted the Provisional Constitiution. This Council was transferred to Peking in March 1912 to act as the Legislature until the inauguration of the new two-chamber National Assembly. This Assembly was formally ​inaugurated in April 1913, and Mr. Hsu became a Member of the lower House representing Kuangtung Province. In January 1914 the National Assembly was dissolved by Yuan Shih-kai. Mr. Hsu then went to Japan. In April 1915 he returned to Shanghai and founded two political magazines called “Rightousness" and "New Chung Hua” the main object of which was to oppose the absolute rule of Yuan Shih-kai.
When Yuan Shih-kai launched his monarchical attempt, in the winter of 1915, Mr. Hsu and many other republican leaders published in Shanghai a daily paper called "Chung Hua Hsin Pao" which was then considered the only paper for the Republic. Through this paper Mr. Hsu rendered valuable service to the Republican Army headed by the late General Tsao Ao. A reward of $100,000 was put up by Yuan Shih-kai for the arrest of Mr. Hsu. Mr. Hsu was in Peking as member of the Lower House again from July 1916 until June 1917 when the National Assembly was again dissolved, this time by Li Yuan-hung as demanded by the different military leaders, who took strong exception to the draft of the New Constitution by the Assembly. Subsequently Mr. Hou went to Canton where a military government had been formed in which Dr. Sun Yat-sen, Tang Shao-yi and Wu Ting-fang took the leading role and whither the ex-Parliamentarians proceeded to re-establish Constitutionalism. Under this Canton new government Mr. Hsu at different times held the following positions: Chief Justice of the High Court, Minister of Justice, and Chief Justice of the Supreme Court.
# Who's Who in China (3rd edition)/Hsiung Shao-hao

Mr. S. P. Hung
能少豪
Hsiung Hsiao-hao
Mr. S. P. Hung is managing editor of the Chinese Peking and Tientsin Times, special correspondent for the Shun Pao of Shanghai, and a member of the sub-committee for China of the World Press Congress. Born in Hongkong in 1892, Mr. Hung studied English in Queen's College at the place of his birth. In 1910 he went to Peking and entered the College of Communications, a government institution in the Capital. In August of 1911 he became translator and reporter for the Associated Press in Peking. In 1912 he became assistant correspondent in Peking of the Chicago Daily ​News. In 1914 he was reporter for Reuter's Agency in the Capital and was transferred to Tientsin after the war broke out in Europe. In 1914 he became translator and reporter for Reuter's Tientsin Agency and the Peking and Tientsin Times, and illustrator and artist of the China Illustrated Weekly and the Tientsin Press. In 1917 the Chinese Peking and Tientsin Times was established, and Mr. Hung acted concurrently as managing editor of that paper. In April of 1921 he attended the Press Conference of the Far East in Tokyo. While in Japan he succeeded in securing assistance of the Japanese press in putting an end to the Japanese morphine traffic in China. The Japan Times and Mail in one of its April issues stated: "It was partly through Mr. Hung's efforts that a black list was published in the English and Chinese newspapers in Chira, containing the names of dealers, Japanese and others, who helped to carry on this deadly traffic which resulted in the death of 100,000 people in China every year." Mr. Hung attributed his anti-Japanese attitude to the Japanese merchants in China secretly trafficing in opium and said: "Out of every hundred known opium smugglers, 93 are Japanese while statistics reveal 100,000 victims of this traffic annually. If this trade continues several hundred years more, one-fourth of the whole Chinese population will perish."