United States Ex Rel. Ness v. Fisher
Supreme Court of the United States
ERROR TO THE COURT OP APPEALS OP THE DISTRICT OP COLUMBIA. The facts, which involve a claim under the Timber and Stone.Act of 1878, and the power of the court to control the decision of the Secretary, of the Interior in regard thereto by'mandamus, are stated in the opinion._ The argument advanced by the Interior Department to the effect that the construction of the law contended for by appellant would result in making it exceedingly difficult to secure conviction for perjury…
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ERROR TO THE COURT OP APPEALS OP THE DISTRICT OP COLUMBIA. The facts, which involve a claim under the Timber and Stone.Act of 1878, and the power of the court to control the decision of the Secretary, of the Interior in regard thereto by'mandamus, are stated in the opinion._ The argument advanced by the Interior Department to the effect that the construction of the law contended for by appellant would result in making it exceedingly difficult to secure conviction for perjury on.the ground of false statements in the preliminary application is untenable. There would be no object in committing…
1Opinion of the CourtJustice Van Devanter
This was a petition, in the Supreme Court of the District of Columbia, for a writ of mandamus to' compel the Secretary of the Interior to accept, as conforming'to the Timber and Stone Act of June 3, 1878, 20 Stát. 89, c. 151, an application to purchase under that act 160 acres of public land in the Ro'seberg, Oregon, land district. The respondent answered, but the answer was held insufficient upon demurrer, and judgment was entered awarding the writ as prayed. An appeal to the Court of Appeals resulted in a reversal of the judgment, with a direction that the petition be dismissed, 33 App. D.…
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