State ex rel. Pelton v. Ross

Citations

• 39 Wash. 399
• 81 P. 865
• 1905 Wash. LEXIS 877

Syllabus

<p>Prohibition — Original Jurisdiction of Supreme Court — Mandate—State Land Commissioner—School Lands-—Lease. The only function of an original writ of prohibition by the supreme court being the restraint of judicial or quasi-judicial power, the supreme court has no original jurisdiction to issue a writ to prevent the state land commissioner from leasing certain lands and compelling him to advertise a lease of the same for sale at public auction, notwithstanding the writ was denominated a mandate, since it is in effect a writ of prohibition as to acts not judicial in character.</p> <p>Same. The injunctive feature cannot be sustained as a necessary accompaniment of the main relief by mandamus.</p> <p>Public Lands—State Land Commissioner—Powers—Lease—Interest of Applicant—Mandamus. As the commissioner of public lands acts upon applications to lease lands at his own discretion, and is under no obligation to offer lands for lease, mandamus to compel him to do so cannot be maintained by an applicant having no other interest in the land than that of the general public, such applicant not being a party beneficially interested.</p>