The national Republican., 1867-02-28
TTID COURTS.
SUPREME CouRr OF THE UNITED SrArEs.-
WRnnpanAx Vahv,srv Iaa7

SUPREME CoURT OF THE UNITED SrArEs.-
wIDsEsDAI, February n, 1867.
On motion OF Mr.. Frelnghuysen, John Linn,
ESQ, Of New Jersey, was admitted an attorney and
counsellor Of this court.
On motion Of Mr. Carlisle, D. sandford, Esq, Of
New York city, was admitted an attorney and
counsellor Of this court.
On motion Of Mr.. PisrspOnt, james D. Craig,
and counsellor Of this court
The Chief Justice announced to tho bar that the
court would not hear arguments In any case after
No. lb6, and that II would adjourn on Thursday,
the 2sth inst, until tho first Monday In April noft
No. ii, original The Commonwealth Of yir.
ginis, complainant, vs. The State Of West vir.
ginia, The demurrer to bill set for argument on
the FIRST Monday In May next.
l. No. l54. The City Of Philadelphia, plaintiff In
error vs.. John II. Diehl. The argument Of this
cause was continued BY Mr.. Ashton, Assistant At
torney General, Of counsel for the defendant in
tho plaintiff In error.
No. ISL. Philemon B. Ewing, plaintiff In error,
vs.. The City Of 81. Louis This cause was argued
BY Mr. Drake Of counsel for the defendant In error
and submitted on printed argument by Mr.. Ewing
Of counsel for the plaintiff In error.
Adjourned till tomorrow at II o'clock, am.
Mdyordhy CoRrts-IS IL competent for The Legis.
fatnre 10 delegate authority TO CRY ConneikS to
erect Mayorahy Courts Of Lac '-Stats Courts
and Federal i,yunefions- b. Eicing, appellant
U.s. City Of ST. Loni, The bill in this case seeks
TO set aside certain judgments rendered by the
Mayor Of the city Of 81. Louis against the com.
plainant, In proceeding had before him, In pur.
suauce Of ordinance and statute for the opening Of
a certain street in that city. Tho Judgments were
for certain amounts assessed by jury against com
plainanps property, as benefits resulting from the
opening Of the street The bill also prnys q per.
petual injunction against any proceeding Of the
city upon the judgments, and for and on account Of
the true value ot bis real estate taken for that pur
pose.
The bill was demurred to below on the ground
that federal court has no Jurisdiction Of the mat
ter, and the demurrer was sustained. Tho cause
therefore comes here the appellant oontending
that the federal corrts have jurisdiction In this
case, notwithstanding the Judiciary act Of 1893 be-
cause the Mayor Of ST. Louis was In no sense
State court, The Mayor had ministerial powers
only and not judicial powers, under the statute Of
the State. The City Council was without authority
TO erect court, or authorize an officer to render
judicial judgment. Nor was II competent for the
Legislature to delegate such power to that body
had IL undertaken to do So Having 4 standing in
court, the appellant insists that he Is clearly ont
tied to a decree setting aside the judgments, the
Mayor having no authority to render thom The
verdict and lien on the property should be set aside
as this scheme for taking private property for pub
lie use, in the execution Of which the verdict arises
provides no compensation for the property taken,
and is therefore unconstitutional and void.
The appellee urges that the proceedings insti.
tuted by the city Of st. Louis for the street opening
In this case were judicial proceedings, and the
Mayor was, pro ha Uiee, court, and, as the bill
alleges, rendered the judgment as a court (Long.
fellow VS.. Quimby. 20 Maine, 1867 The case is
therefore, clearly within tho purvieW Of that pro.
vision Of the judiciary act of 1903 which prohibits
the granting Of an injunction Of federal court to
stay proceedings In State court. But if the case
be not Of that character still It Is one for the ex-
ercise Of tho equitable Jurisdiction Of tho court be-.
cause IL the court could take jurisdiction at oil Of
the revision Of the Mayors proceeding there Is a
plain, adequate and complete remedy at law, by
oeriOrdTt Tho review aud correction Of all errors
mistakes and abuses in the exercise Of subordinate
public Jurisdictions and in the official acts Of pub.
lie officers, belongs exclusively to n court Of law,
and has always been n matter of legal and never
of equitable cognizanco.
Thos: Ewing, jr., for appellant Hon. c. D.
Drake for appellee.
Re'tdenees Of hh5 Judges Of Tie Supreme Court Of
tie United States.
Mr.. Chief Justice Chase, Il street north, corno
Of Sixth street west.
Mr.. Justice Wayne, No. 2 Franklin Place, 1
| street.
Mr.. Justice Nelson, National Hotel.
Mr.. Justice Grier, No. s north A street, Capitol
Hill
Mr.. Justice Clifford National Hotel.
Mr.. Justice SwAyne, WilIard's Hotel.
Mr.. Justice Miller, National Hotel.
Mr.. Justice Davis, National Hotel.
Mr.. Justice Field Willards Hotel.
John W. Wallace, reporter, National Hotel.
ID. W. Middleton, clerk, No. 56S New Jersey
avenue.
David S. GOOding, U. S. Marshal, 4sI E street.