The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-01
Before Judge Cardozo.


where.
Before Judge Cardozo.
The People er rel James W. McCelldild rs. Joseph
DO,oling ana Others.-Decison was yesterday rem
dered In this case, as follOws:--Judge Cardozo
says
tits very well settled in this State that mandamus viii
the OF that invariably Therefore, al
sssA ss'Fp ss sa
sr the Of aH for .0a s n s Or rs.e dit
according the s0 Issuing '' or win
The e. ends q n BY '
is plain that a mandamus should not issue; The ease
@ 20 s @ Mr.
& s Kelly have long rs . q
u 20 n
he esrninc and Character Of men a. the Hoan he
Gr.hsms B.dys the Bluats the sandtords and he 0oo
sstm.ss sacssssoIs that against
the criminal disrepu!e Until this
duct shall and the practitioners are driven
who are charged with crime before the interior
ns the w.s and humane snSeeson he Of
ns shall interfere and provide for the employment by the
n MOVE r.. he
f inc RI sy
practice Of the profession against the unworthy an
Ing q sGn by . s1 s .Ss Ss . wnG
OF their authority acting for the hghs OF the
and think udas discretion de-
%spa. that Rsnf s the @ non Of
this FOE e: s ,sss f Ss
borne, By perfectly innocent ind
yidu. rather than that purpose. worthy should be a. al
DO 70 this reisor that have conadsses that when
a
inerposalon By th. Tha, CONFIDENCE asrivs IN
hs : gs:os The .s.
kindly Invitation by the RESPONDENTS counsel the
rss.o throughout the e ps.e1. for,ssr saav; IN
sss sssa
which Judge Dovl!ns, s1hieisias tho
IN e not aab a % n h.a as art
pectfuy presented tha. 70 the nags,rIte would havs
.aea ospssa, q III. "a such
se 81 re-
e them he should b: re.ted Ths:e views would dispose
S
h 70 e H. sn o 4: I:
notion Be- G Be & Sy H1
saS Is s: e
3 . s ). Ing. .s. .ss
@ " ss s s a Ss not Sr @
barring Of the rslsio. and since The Wood case he haad
and practice tasrs DO assumed tina, Of spe.
e.: ss;;'. \. = only 9. 1soo. 70, ana
of procssdip bsfor. they are % be considered perrsc
not s.p..: :en:hins NOR. ,S.n mere 70
future perm tho relator 70 practice made when the latter
kainE reasons refusal 20 listen to the reis,or in single
s.ss on c sSrs q =: BE- him and there
temper from which no human being 10 exempt engenderd
perhaps BY some temporary cirenms.anee feeling for
70 %d S % sSRsu
magistrate shown related to but one case, which wAs
his general rights being affected nothing pending
IN which the reator has any interest which gvc him
standing IN court to ask for mAndsmua In the OF
any record, evidence Of dsbarrnx reaor
least determined and persistent refusal 10 hear upon
proper demand when business gave hma right TO be
words illegal dsbarment must be shown either by
order duly made and entered, BY acts ono, mere
the remarks attributed 10 the Justice were rnsde by
him. not a liberty say that whom the rsia.or duly,
some proper occasion when he has business emitting
accorded 20 him have right TO presume that mHgs
srate VIII not perform his duty, though he may
hastily thoughtessy expressed himself what his
act judcay. Until act putting into execution
the discrimination which the respondents alleged
/ must presume that none such will occur and
not = mandsmus should 20 70 obiige
them to retraet language which they may have uttered.
Until derection from duty the part OF magistrate
clearly and positively appears by something solemn
than mere words, which be spoke to-day and dsre
garasd to.norrow something more practical .hsn mere
formed changed before the time put
cuon arrives someihns in respect subject like the
determination TO exclude the reafor from practice
either by order duly entered by persistent reusas
claimed his rights or BY some act OF the justice manesn
such discrimination. think Tor extraordinary
remedy is made.
Notion denied.