Kimberlin v. Commission to Five Civilized Tribes

Citations

• 104 F. 653
• 44 C.C.A. 109
• 1900 U.S. App. LEXIS 3962

Syllabus

<p>1 Mandamus — When Issuable.</p> <p>Mandamus issues to compel a person or officer to discharge a duty Imposed by law.</p> <p>2. Same — May Command Decision.</p> <p>If the duty of the officer involves the exercise of his judgment or discretion, a writ of mandamus may issue to compel him to act and decide, bat not to direct in what way or in whose favor he shall decide.</p> <p>3. Same — Judicial Officer.</p> <p>While the writ of mandamus may issue to compel a judicial officer to-decide a ease or question, it may not lawfully command him in what particular way he shall decide it; nor may it be used to review his decision, to correct his errors, or to compel him .to again decide the question.</p> <p>4. Same — Executive Officer — Ministerial Act.</p> <p>A writ of mandamus may lawfully issue from a court having jurisdiction to compel an executive officer to perform a mere ministerial act, which does not call for the exercise of his judgment or discretion, but which the-law gives him the power and imposes upon him the duty to do.</p> <p>5. Same — Executive Officer — Discretionary Acts.</p> <p>It may issue to command an executive officer to act and to decide, even though his act and decision involve the exercise of his judgment and discretion, but in such case it may not direct him in what particular way he shall act or decide. It may not lawfully issue to command or control an executive officer in the discharge of those of his duties which involve the exercise of his judgment or discretion, either in .the construction of the law, or in determining the existence or effect of the facts.</p> <p>6. Same — Executive Officer — Discretionary Acts not Review able by.</p> <p>It may not lawfully issue to review, reverse, or correct the erroneous decisions of an executive officer in such cases, even though there may be no other method of review or correction provided by law.</p> <p>7. Commission to ms Five Civilized Tribes — Special Tribunal to Determine Tribal Citizenship — Exempt