Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-04-10
THE MANDAMUS.

In conformity with the decision Of The Supreme Court
of the United States in the case of Stockton ~ Stokes,
RcLnorS against the Postmaster General writ OF Nan.
damus was on Friday last issued by the Circuit court
for the District Of Columbia sturnab!e on Tuesday the
Sd instant To that writ, return made TO the Court
on Tuesday by the following endorsement upon The
conv of The writ served upon the Postmaster General
Posr OFFICE DEPARTMENT:
April 3, 1888.
Having communicated The awards of the Solicitor OF
the Treasury referred in the within writ TO the Au.
dlor of the Treasury for The Post Office Department.
who has the legal custody Of the books in which The &C.
counts of this Department are kept, have received
from him official information that the balance OF saiu
awards viz thirty nine thousand four hundred and Sc.
veny two dollars and forty seven cents, (S3o4|2 ~
has been entered TO the credit Of The claimants on said
books. AMOS kENDALb,
Postmaster. General.
This being read in Court
Mr. R. S. Coxe for the Plaintiffs, gave notice that he
should the following day moved TO quasll the return
as unsatisfactory and insufficient
In the of the day the Plaintiffs received NJ e
Treasury the principal amount Of the award made under
the of Congress, by the Solicitor OF The Treasury
&c, &c. ,
Yesterday, in accordance with the notice gwen, MT.
Coke made motion TO guash The return upon The wit
of Mandamus against the Postmaster General. he
manner Of the return Mr. &. argued, I'm supporting
this molion) gross contempt OF Court LOT the oSt
master General puts himself in his reply to Tie viii, on
the very ground overued by this Court and abandon
ed by his nsel before The Supreme Court The
Court, he said could hardly consider The return SUN
cent, without admitting that the Postmaster General
was right in his original ground and that The Court
wrong in deciding against It. That me TENOR OF
this reply the part of the Postmaster General was
entirely inconsistent with his previous action; Tor
that when the award of the Solicitor Of the Treasury
under the act Of Congress, first came into ms Names lie
undertook 10 give instructions how, and 10 what extent
the award should be executed by the Auditor, and
until fortnight after the decision of the su
preme Court in the case that he found out he had no.
thing TO do with it, and that the Auditor had exclusive
control it, Mr. e. further suggested that win re-
gard this matter the Postmaster General had not GER
tilted any one thing which the writ Of mandamus re-
quired him TO certify. This, however, he SAID, was
matter for the Court itself to decide upon, in which the
Realtors had interest," further than TO see the dignity
of the Court sustained.
On the part of the Realtors, he maintained That IN
point Of substance the return was wholly lnsutlcIen
because it had been only certified that balance
due which had been reported 10 be due sixteen OF
seventeen months ago. say in November, 1880 Inc
award made by the Solicitor comprehended the interest
due on The balance up to the date Of the award The
Postmaster General objected TO the award of the Solicit
tor that he had transcribed the authority of the ACT ut
Congress- and Of the specific objections the al
lowing of interest these claims. This Court, by de-
Gliding that the Solicitor had not transcribed his nris
dicon, and the Supreme Court by the unanimous
adoption Of the doctrine had decided that the
Plaintiffs were entitled to interest, d, consequently
the payments that have been made including interest
only 10 Nov 1885, payments on account, and not in
full compliance with the writ of Mandamus.
For these and other reasons Mr. Coke moved 10 quash
the return as insufficient.
The Court took time TO consider the mo!ion.-Ib.
DEATH OF GEs AsnLEr-The Boonvile ONO Emf.
grant Of March g. says: at is with ordinary emotions
OF regret that called upon perform the unpea.
SAINT duty of announcing the death of Gen. Wa II ASH
LEY, one Of Missouri's most distinguished citizens He
breathed his last Monday evening, the Goth instant
at his residence, the Lamine eight miles above Boon
vile
"Mrs ASHLEY is much ndisposed, and some fears are
entertained by the family of her final recovery;
hope, however, that their fears are unfounded'
NEW BANKING.
INV ORLEANS, March %.
"The sales Of cotton yesterday amounted TO some
what over 5000 bales at trihing advance prices of
,ha he cb,ae in Of mt