United States Ex Rel. Goldberg v. Daniels

Syllabus

<p>The United States, as the owner in possession of property, cannot be interfered with behind its back; nor can the courts compel the officer having the custody of such property to surrender it in a proceeding to which the United States is not/and cannot be made, a party.</p> <p>Mandamus will not he at the instance of one who in response to advertisement has made the highest bid for a vessel to compel the Secretary of the Navy to deliver the vessel.</p> <p>The discretion of the Secretary of the Navy is not ended by receipt and opening of bids for a condemned naval vessel even though they satisfy the conditions prescribed. Mandamus will not lie to compel him to accept the highest bid.</p>