The New York herald., 1869-03-28
question now for the court g consider is, has the

question now for the court 70 consider Is has the
inandsmus been complied withf
Judge MatchtOrd-Ine alternative mandamus' Is
addressed to . Judge OF the Supreme Court and to
the clerk Of the city ana county Of SAID supreme
Court therein and the demand Of n =, s So tsaI s
OF the corporation be granted. ana that the actlon
be allowed TO be removed, and that the State court
proceed no further, or In deault OF this make known
why the same has not been complied wth Now
this paper Is presented and filed on the records OF
the court. II IS emitted IN the same SUIT, with the
same plaintiffs ard the same defendants, the Union
Pacific Railroad Company. Although It has not
what is called caption nevertheless y u en-
Judge Of the Supreme Court. ana IT must be re.
garded not as an act Of Judge OF that conrt . nr.
a. an act OF me court itseiL inc cours ~
one : or 1A dozen e ana the s act p0t IS the act
OF the whole court Now part OF the order. after re.
citing the PRAYER OF the petition for the removal OF
TINS cause 10 this court In pursuance OF an act OF
Congress. and the reading and filing OF the bond
offered ordered In pursuance OF said act OF Con-
gress that the petition flied and accepted IS sufcient
sscurly and that the prayer OF the petition DO
granted, that his suit oe removed to the Circnis
II proceed further therein. 1t. therefore, Is in
rysty an order that certain bond be accepted.
tlss the prayer be granted and that the suit be re-
mcyed--inc whole suit--the entire SUI, rs regards
ali The delendants The mandamus is that the
court aow ,nese acsons 70 3e renovea no 70
sureiies referred to In the mandamus, which y
different nom the surctcs In the order that II
grant the prayer Of the petition In the mandanus,
which Is dinerent from that named In the ORDER ana
that the Court cause all the action to be removed.
Now the fact that IL has accepted the petition for re-
mova OF the SUIT proves the validity OF the whole
thlg. ana this fact must be taken as full compli-
ance a substantial compliance with the manda,nns.
The mandate Is obey ed and this fact dsposes or the
whole Question-that this suit Is now before the
Court do not say that any such order would be
necessary for the purpose OF removing the sait ana
the Court must now regard not merely the suit as
removed, but as looking upon tue supreme Court as
having allowed its removal.
After some further remarks from Mr.. Field. press
Ing his motion to supersede the writ, the following
order was made by the Court
ORDER JUDGE BLATcHroRp.
At stated term OF the Circuit Court OF the United States for
the Southern district of New York. held Saturday. MarcI
~, let9, present Hon. Samuel blatchfort-
The United States rea0ne of the Union Pacific Railroad
vs The supreme coar; Of the state q New YORK
United States relatoue OF Thomas c. Durant John J.
Cisco and sydney Dnon the Supreme Court &c. Proof
these the Hon. George O. Barnard OF the JUS
tces the said Supreme Court and the clerk thereof hav
Ing been urnshedo to the Court and the said REALTORS
In each Of said and Mr. D. D. Field Of counsel for
James Fisk Jr protecting against the jurisdiction Of
he said ss .ussesns Sas snce tho said ALTERNATIVE
wrs granted the order entitled In said Supreme Court
and signed by Mr. Justice kosekrans of the justices Of
annexed had been served upon the attorneys OF said Fisk
affidavit OF which 10 hereto annexed and moving TO
pcrsede the said alternative wrts thereupon after
MED In each OF said alternative ThereupOn,
filing this the cxcmphed copy Of such order
80 hereto annexed is ~ this court Of s own motion,
ments ordered that the said motions for peremp0ry
damus In each Of said be and The are hereby
denied.
This order being accepted by counsel the further
as the first heard case-Saturday next, at eleven
O'Clock.