Stephen Johnson Field

“ It is contended that the present island represents the one surveyed, it having been carried down the river by the action of the current. It certainly would be a matter of doubt, requiring for its solution grave consideration, how far the title of the city to the island is affected by this movement. If any doubt may rightfully exist in the mind of the secretary on the subject, an answer is furnished to the application for a mandamus directing him to order a survey to facilitate the acquisition of that title by others. ”

“ It is settled by many decisions of this court that in matters which require judgment and consideration to be exercised by an executive officer of the government, or which are dependent upon his discretion, no rule for a mandamus to control his action will issue. It is only for ministerial acts, in the performance of which no exercise of judgment or discretion is required, that the rule will be granted. ”

“ The petitioner applied for a writ of mandamus against the secretary of the interior to order the survey of Arsenal island, which is situated in the Mississippi river, opposite the city of St. Louis. He represents that he is the head of a family, over 21 years of age, and a citizen of the United States; that on the first of September, 1883, he made a settlement in person on the island ”