Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-03-15
WAsuIreros, March 13-The Supreme Court oil tie
Inired Staiea yesierday brought it's annual session 70

W,su,reros, March l3-The Supreme Court oil tie
United States yesterday brought it's annual session 10
! close. 20.
Next in importance the decision in favor OF lis own
jurisdiction in the case between the States OF asacIu
sets and Rhode Island the most important principles
decided by the Court al this term are supposed 10 oe
those involved in the of Amos Kendall fostmAs,e'
General vs. United States rctatsone otocGt0 ot0HeS
and others. ,-,.d
The Opnion of the Court for the following abstract OF
which we are indebted to the kindness of friend more
familiar with law terms than we profess to be;
SUPREME COURT OF THE U. S, MoxD.r, March H.
limos Kendall, Postmaster General,
United States rsatiOnc Stockholm S!okes and otAsTs
ABSTRACT THE OPINION OF THE CouRT.
The questions are, first, Does the record present pro-
per for Mnndamus? I'd. Does the Circuit Court
of this Dis,ric, possess jurisdiction in the case:
The Court think that the act required 10 lie performed
BY the Postmaster General is mere ministerial act IN
which the President has authority to Interfere IL
would be an alarming doctrine maintain that, IN The
performance of such duties rs are enoined by law upon
any public officer the President has any right 10 inter
fere In this case there is conflict between The Ju-
dcia and Executive authority.
The claims originally against The u D. through
the u s. The u 8. could not be sued without lhe'f
consent They submitted the claims 10 The Solicitor Tor
his examination and award and The Postmaster Genru'
was directed 10 credit the amount OF the award. Inc
decision of the Solicitor, under the uct, was final no
|
Postmaster General or TO any other party
1t may we'll be questioned whether the parties, unaef
the act of Congress- Gid not possess clear vested !gl
But whether the Legislature could lave revised lhls De-
cson or not il has not done So far concerns one
branch of lhe Legislature, the action Of the Senate
amounts 10 recognition Of the binding authority of The
award. The unanimous opinion OF the Senate Precuoea
the necessity of going TO The other House.
The right thus ascerained, the means OF enforcing II
is by the judicial authority.
The authority of The President to forbid or 10 control
The execution Of the law is at variance with every prin
cple of the Government.
In fact The President has not acted in the case,
10 bring these departments into conflict He has refused
10 interfere to prevent the execution OF the law:
The right of The REALTORS, under The act Of Congress
for their relief. is absolute and reversible
How is il be enfnrced The act to be done purely
ministerial The officer directed TO perform it has no
discretion. Is the remedy by Mandamus hi and APP
proptiae remedy!
The common law of Maryland is the law Of tins Dis
trict The common law provides this wr as The pecu'
liar remedy in such cases The remedies suggested at
the bar were, application 10 the President or to Con-
gress or civil suit. These not such remedies us
the law requires.
case Of Mandamus is a within the Constitution.
Itpossesses oil the qualities Of such case.
2 Has the Circuit Court of the District jurisdiction
of this case: Ias been decided that the Circuit Courts
Of the u States hive not Jurisdiction Has the Circuit
Court of this District larger powers in this Particular
The terms Of the Constitution are broad enough 10
warrant Congress in vesling such jurisdiction IN The
Circuit or other inferior courts of the U. S.
No objection prevail derived from the official cha
rncter OF the party 10 whom the writ is directed or the
character Of the act which he is called upon TO pcrnrm.
The cases decided in this Court have settled that the
power issue such writ is within the Judicial power
conferred by the Constitutions; and that those courts
could exercise the power because Congress had not
conferred upon them all the power which constitution.
ally might do.
BY the Constitution and acts Of cession Congress pos
exclusive legislative authority over This District
So far as regards cases in which individual rights
concerned the judicial authority should be cocXtensve
with the legislative.
In Maryland, prior 10 the ccssion OF this District the
writ CT Mandamus recognised appropriate re-
medy in where upon the principles of the common
law, it would lie.
The Circuit Court is the only Court in this District
which possesses that original jurisdiction which can be
thus exercised.
Under the lst Sec of the of 9th Feb, 1901,
tinuing the laws OF Maryland, it would that this
remedy is continued The Sd and 9Th sections Of the
same law confirm the conclusion
The Court arms the decision Of the Circuit Court tor
the District OF Columbia, with costs; and remands the
case 10 that Cour, for further proceedings.
The Chief Justice, for himself and Judge Barbour and
Judge Calron dissenlcd from The opinion Of the Court
The Chief Justice concurred with the majority of the
Court in the opinion that the judicial power indicated
by the Constitution, authorized Congress to confer uris
dicon upon any Of the Circuit Courts 10 issue wrris Of
Mandamus; and also that this a fit for Mum
danus, as in his Judgment it the bounden duty OF
the Postmaster. General 10 enter the credit for the full
amount awarded by the Solicitor that award
was notified him. The only ground OF dissent was
That he did not in that part OF the opinion which
considered the Circuit Cont Of the District as possessing
larger powers in this particular than the other Circuit
Courts of The U. Staies-JNat Int.