United States v. Honorable Peirson M. Hall, Chief Judge, United States District Court for the Southern District of California

The United States seeks a writ of mandamus requiring respondent, as Judge of the United States District Court for the Southern District of California, to vacate certain orders entered by him.

The orders were entered in 21 actions brought by the United States for the condemnation of lands required in 4 federal projects. By these orders the determination of the issue of just compensation in all 21 cases was referred to commissioners under Rule 71A(h), Federal Rules of Civil Procedure, 28 U.S.C.A. A motion of the United States to vacate this order was denied by respondent after hearing, and the present proceeding was then instituted.

The United States contends that the orders of reference demonstrate that these are not proper cases for reference to commissioners under the Rule and that the considerations which prompted the action of respondent judge are not proper considerations under the Rule; that, under these circumstances, respondent judge was without discretionary authority to refer the matters; that by his actions the United States wrongfully has been deprived of jury trials upon the issue of just compensation. In our view, such contentions if established, would justify…