United States ex rel. Ness v. Fisher

Summary

The Supreme Court held that mandamus could not compel the Secretary of the Interior to reverse a decision rejecting an application under the Timber and Stone Act. Because the decision involved the exercise of judgment and discretion within the Secretary's lawful authority, it was not subject to control by mandamus, and the judgment directing dismissal of the petition was affirmed.

Holdings

1. Mandamus may not be used to review or control a decision of the Secretary of the Interior made in the lawful discharge of statutory duties when the decision involves the exercise of judgment and discretion rather than a merely ministerial act.
2. The fact that no writ of error or appeal lies to review the Secretary's decision does not furnish a basis for awarding mandamus.

Questions Presented

1. Whether mandamus may be used to review and overturn the Secretary of the Interior's decision concerning the statutory conformity of a land-purchase application when the decision involved judgment and discretion.
2. Whether the absence of a writ of error or appeal to review the Secretary's decision provides a basis for issuing mandamus.

Disposition

affirmed