Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1838-12-12

:nent, renders further legislative proyisio.
indispensable 10 The public Interests a..
the equal administration Of justice.
Il has long since been decided bv the
Supreme Court that neither that tribunal
nor the circuit courts Of the United State.
held within the respective States, possess
the power in question; bot it is now he'd
that this power, denied 10 both Of these
tribunals Ito the former BY The cons,i;u-
llon. and to the latter by Congress) has
Deem, by The legislature vested in The cir
cut couH Of this district Noauch direct
grant oil power 10 the circun court OF this
district Is claimed, hot II has been held 10
result, by necessary implication. from sew
eral sections Of tie law establishing The
court. One OF these sections declares that
the laws of Maryland. as they existed al
the time of the cession should be in force
in that part of the District ceded bv thai
State. and by this provision, the common
law In civil and criminal cases, rs il pre-
vailed In Maryland in 1901, was esiab-
lished in that part Of the District.
In England. the Court of Kings Bench
because the Sovereign. who, accordirF
to the theory of the constitution, IS The
fountain Of justice. originally sat there in
person, and is still deemed TO be present
in construction of law-aEone possesses
the power of issuing the writ of MANGA
mus, not only TO inferior Jurisdictions ard
corporations but also TO magistrates and
others, commanding them in the Kings
name, to do what their duty requires in
, cases where there is vested right. and
! no other specific remedy.
1t has been held, in the case referred
to, as the Supreme Court of the United
! States, is BY the constitution rendered in
/. competent to exercise This power, and as
the circuit court Of thi. District is a court
; Of general jurisdiction in cases at COM
e mon law, and the highest cour, oforiein-
: al jurisdiction in the District, the right TO
issue the writ OF mandamus is incident 10
Its common law poverA
5 Another ground relied upon 10 main
i tain the power IN question, is, that It was
\ included, by fair construction. in the pow
: er granted TO the circuit court OF the Uni
: ted States, by the act ito provide for the
e more convenient organization oflhe courtp
n of the United States" passed 18th Of Feb.
;. 1901 that ihe act establishing the circuit
r court Of this District, passed the 9th day
a of February, 1901, conferred upon that
I. court and the judges thereofIhe same pow
IS ers as were BY law vested In the Circuit
l. courts of the United States and in the
y Judges of the said courts; that the repeal
: of the first mentioned act which tooa
J. place in the next year. did no, divcst The
circuit court of this District ofthe author
: ity in dispute but left it sill clothed with
L the powers over the subject which, II IS
I conceded, were taken away from the cir
cult courts Of the United States by the re-
II peal OF the act Of the 18th Of Feb. 1901.
n Admitting that the adoption Of the Laws
S of Maryland for portion of this District
N confers on the circuit coun thereof in that
$, portion. the transcendeni extra-iudicial
j. prcrogative powers ofthe Court of Kings
ID Bench, in England, or that either Of The
a. acts of Congress, by necessary implication
ce authorize the former court 10 issue a wri,
~ Of mandamus 10 an officer Of the Uni.ed
D. States TO compel him TO perform a minis.
ne terial duty. the consequences are, in one
respect, the same. The result in eiibeI
ds case is, that the officers Of the ULiiec
~ States stationed in different parts of III,
nd United States, are, in respect to the per
on Torrance Of their official duties, subiec
p to different laws and different supervis
he ion; those in the States 10 one rule. an,
10 those in the District Of Columbia 10 an
ne other and very different one In th
he District their official conduct is subject 4
rn- judicial control, from whic in The State
Inc they are exempt
rd- Whatever difference Of opinion ma
aw exist as 10 the expediency Of ves,ing sue
ne power in the Judiciary, in system
on Government constituted like that of Il
,ir- United States, all must agree that the,
ster disparaging discrepancies in the law al
ard in the administration of justice ought n
un- to be permitted to continue; and as Co
SET gress alone can provide a remedy, Il
on subject is unavoida5ly presented 10 70
ard consideration. NJ VAN BUREN,.
sxe- Washington, Dec. 8. 1888.
fnr.