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WORK v. UNITED STATES

No. 4561.

23 F.2d 136 (1927)

WORK, Secretary of the Interior, v. UNITED STATES ex rel. O'DONNELL.

Court of Appeals of District of Columbia.

Decided November 7, 1927.

Attorney(s) appearing for the Case

G. P. Barse and N. M. Lacy, both of Washington, D. C., for appellant.

Edmund Burke, J. G. Jaeger, and S. H. Rourke, all of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

VAN ORSDEL, Associate Justice.

A peremptory writ of mandamus was issued by the court below to compel the appellant, Secretary of the Interior, to certify to the state of California for patent certain lands, under the Act of Congress of September 28, 1850 (9 Stat. 519 [43 USCA §§ 982-984; Comp. St. §§ 4958-4960]), alleged to be swamp and overflow in character.

The lands were surveyed in 1856 by authority of the state of California, and identified...

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