[Download] "Gaines v. Thompson" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Gaines v. Thompson
- Author : United States Supreme Court
- Release Date : January 01, 1868
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Mr. J. L. Brent, for the appellant, went largely into the merits of the respective claimants, to show that the proposed cancellation was wrong, and ought to be enjoined. He relied upon Lytle v. Arkansas1 Cunningham v. Ashley,2 Barnard's Heirs v. Ashley's Heirs,3 Minnesota v. Bachelder,4 and several other cases, in order to show that this court did constantly go into such merits and decide according to them, irrespective of decisions by the executive officers connected with the issue of patents. Mr. Ashton, Assistant Attorney-General, contra, argued, that there were no functions within the range of the executive authority less ministerial in their character than those which devolved upon the officers of the land department in the administration of matters relating to the disposal of the public domain; that these officers had not merely the right, but were obliged to the duty of judgment and decision in them, and were directly responsible in determining the questions which arose before them only to the authority, within their own department of the public service, upon whom a supervisory jurisdiction had been conferred by statute.
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