United States Ex Rel. Hall v. Payne

Citations

• 254 U.S. 343
• 41 S. Ct. 131
• 65 L. Ed. 295
• 1920 U.S. LEXIS 1162

Syllabus

<p>Whether a homestead right can be initiated by filing an application while the land is reserved to give opportunity‘for lieu selections by a State, under the Act of 1894, 28 Stat. 394, is a question involving a construction of that statute which the Secretary of the Interior must decide in determining between such applicant and one who was in possession and made application when the period for state selection expired; and mandamus will not lie to control the Secretary’s decision. P. 347.</p> <p>48 App. D. C. 279, affirmed.</p>