United States ex rel. Phillips v. Ballinger

District of Columbia Court of Appeals
United States ex rel. Phillips v. Ballinger, 35 App. D.C. 520 (D.C. 1910)
1910 U.S. App. LEXIS 5928
Shepard

United States ex rel. Phillips v. Ballinger

Opinion of the Court

Mr. Chief Justice Shepard

delivered the opinion of the Court :

The learned justice in the court below was undoubtedly right in dismissing the relator’s petition. The Secretary entered the order of April 26, 1900, in the exercise of an unquestioned jurisdiction. He canceled and vacated his prior order as having been erroneously entered. Probably the order was as effective for all the purposes of the relator as if entered in the exact form requested. Whether so or not, this court is vested with no jurisdiction to review the judgment of the Secretary of the Interior, entered in the exercise of his discretion. Nor can it, in this proceeding, undertake to interpret the meaning and operation of the order entered, and restore relator to any rights of property that may have been denied him by virtue of the order of disbarment, while it was in apparent force. That could only be done in a case involving such a right between the parties interested.

If the order of February 5, 1900, was entered without due process of law, it would be a nullity, and impeachable in any proceeding in which it might be pleaded or offered in evidence. But the duty of ascertaining the effect of that order, and of its subsequent cancelation is that of the tribunal in which the action is depending. This conclusion makes it unnecessary to consider the effect of limitation and laches, which have been urged in bar of the action.

The judgment will be affirmed with costs. Affirmed.

Reference

Full Case Name
UNITED STATES EX REL. PHILLIPS v. BALLINGER
Status
Published
Syllabus
Mandamus; Attorneys. Where the Secretary of the Interior, having disbarred an attorney from practice before his Department, two months thereafter canceled and revoked the order of disbarment, but declined to make the order of restoration read so as to show that it related back to and vacated the first order as of its date, mandamus will not lie at the instance of the attorney to compel a subsequent Secretary to vacate the order of disbarment as of the time when it was made, and to cause the relator to be restored to all the rights he may have lost in matters pending in the Department by reason of the order of disbarment, as the order of restoration, was made in the exercise of the Secretary’s unquestioned jurisdiction, and this court has no power to review his judgment. If the order of disbarment was without due process of law, it is a nullity, and impeachable in any proceeding in which it may be pleaded or offered in evidence.