Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-02-04
THE ORDER AFFIRMED
COURT OF APPEALS PASSES ON
CALIFORNIA CASE.
Riverside Oil Company Against secre-
tary Of the Interior-0ther Opinions
Handed Down.

The Court Of Appeals in an opinion writ
ten by MIR. Justice Morris, and handed
down late vest erday afternoon, has affirmed
the order of the Supreme Court of the Dis
trict Of Columbia in the case of the River
side Oil Company. appellant, against the
Secretary OF the Interior. The appeal was
from an order refusing the issue Of writ
Of mandamus and dismissing. a petition
therefor.
The Riverside Oil Company by the pro-
ceeding sought to acquire some public land
Of the United States in the state of Cali
fornia, as the assignee of the right of one
G. w. Clarke. The specific purpose of the
proceeding was to require the Secretary of
the Interior to issue a patent to it for the
valuable oil lands in question.
In responding to rule to show cause
issued by the District Supreme Court the
Secretary of the Interior set forth that
his order rejecting Clarkes selection ct
the land was legal that he was vested
with discretion in the premises and that.
in the due exercise of such Judgment and
discretion, he had decided that Clarke was
not entitled to a patent for the land Sc
lected by him. To the Secretary's return
to the rule the petitioner demurred. The
District Supreme Court overruled the de-
murrer. A motion for a rehearing was
had, and again the demurrer was overrul-
ed. The rule to show cause was discharged
and the petition dismissed. From the order
OF dismissal the appeal to the Court OF
Appeals was taken.
The controversy is in fact, although not
in form, one between rival claimants of Ihe
same tract of land and, says the Court of
Appeals, the question was evidently one
Tor the land department of the government.
to settle.
IF the nature and character of the con-
troversy were, as We think they were, such
as are RENTED by law to the arbitrament
M tnr afv1of if,y, ,f h. = al,
the appellate court, the courts Of this Dis
trict have no authority to review the deci-
sion or to control it by means of the writ
Of mandamus, whether it was right or
wrong"
The opinion Of the Court Of Appeals con-
cludes as follows:
We express no opinion as to the merits
OF this case, or as to the correctness of the
decision reached in it by the Secretary of
the Interior. 1t would be improper for us
to do SO in the view which we take of it,
1t appearing very clearly to us that it is
OF the class Of cases RENTED to the judi
cial discretion Of the land office and Secre-
tary Of the Interior, We do not think it is
one proper for the issue Of the writ Of man.
damus, and we are Of opinion that the
court below rightly so decided
Opinions in Other Cases.
Other opinions handed down by the Court
Of Appeals follow:
Annie L. Peck, Caldwell E. Smith, Anna
E. Friar and others, appellants, against
Hardy T. Haley and Zoe Haley; decree of
the lower court affirmed. Opinion by Mr.
Justice Shepard. This was a suit in equity
by the heirs of Ann Bartlett, who died in
testate in 1876, to establish title to certain
lands held adversely by the defendants.
Henry A. Willard, appellant, against Har-
rison Crook, Wilkins & Co., corporation
and Walter P. Wilkins; judgment reversed
with costs, and the cause remanded for
further proceedings in conformity with the
opinion Of the Court of Appeals. Opinion
by Mr.. Justice Shepard. This was spe-
cial appeal granted from an order of the
trial court refusing a motion for judgment
under Rule 70, Of the Supreme Court of the
District
Charles c. Bryan. appellant against
Oliver R. Harr, Judgment Of the lower
court affirmed; opinion by Mr.. Chief JUS
tive Alvey. This was also an appeal from
the District Supreme Court from a judg-
ment rendered by that court under the sew
enty-third rule thereof.
Maurice Ullman, plaintiff in error,
against the District Of Columbia, judgment
appealed from affirmed; opinion by Mr.
Justice Morris. The suit was brought to
test the reasonableness and validity of
regulation made by the District Commits
sioners in regard to "Pawnbrokers junk
dealers and persons engaged in the second
hand clothing business" requiring them to
keep a record of purchases and make re-
ports to the major Of police.