The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1870-01-11

bUPHnhE nT-HENRRAL THnM,-Ohiof
Justice Cartier and Justices Wylie and DIN
sat N bdGo yesterday. eva H-. g....
$50 louH ATTORNEY ADMITTED. la... q
Otis Blgelow, of this Supreme Court Of
New York, was admitted 70 The bar Of the
court on the motion Of q. 8. Minor. H.r
=. A Lambert ESQ.,, IL appointed COM
missioner In chancery. TT Z
Hughes 10, Eschback, This, ia the court
below, was q cult for stone delivered by
plaintiff 70 the defendant as contractor for
paving u street north, between Fourteenth
for % be mado half In eaah and half In trans
Tered assessments. ff.H HsFrF 40.
Payment was refused on the ground that
the deliveries Of stone were not made as
agreed. The plaintiff denies that he was IN
default, but contends that the default was
occasloned BY tho failure OF tho defendant
TO deliver the assessments Al the time agreed
upon. The defendant excuses this failure
By proving that the assessments were not
made out In season by the city authorities,
but that no gave the plaintiff orders for such
assessments. T |...H .. en-
The question before the court Il whether
the offer or delivery Of orders for assess
ments was performance Of covenant to
pay" By transferred Assessments. The
case was argued By Mesars. Merrlck and
\ Wilson, but held for decision.
. sin 70. Connolly q FltShugh, Fletcher vs..
tho Commissioner Of Pateuts. III af'f
SUIT vs. krause. Appeal dlamissods
-A AMArDAhUs RnPusnD. ~ -
Augustus NJ. Warnold applied 70 Judge
DIN some months ago for q writ OF thandA-
mus TO compel the Secretary Of tho Treas
pry and the Comptroller OF the Treasury TO
per cent. upon 81, 9t2.5o, the amount Of his
wages ~ a mAohinlst In the printing bureau
a. $3.50 Per day during the year 1867. The
case Involves the claims OF a number OF
mechanics employed Al the Treasury De-
partment, being Intended ~ test OF their
right 10 share In the % per cent. additional
pay given BY Congress % the clerks, &C., in
tbs Departments during 1857. -, ~
Judge DIN certified Tho case 70 the general
term, aud the case came on before the Judges
IN bane yesterday, the cas- Standing upon q
rule upon the Becretary 10 chow cause, by
Colonel Sol. Henklo for tho petitioner, and
upon n motion to dismiss the petition on tho
part Of the United States Attorney. =.
20 When the cAae came up, Judges Cartier
and wylis aid not think Tho viii would llo
= Judge DIN dItIered win bis colleagues,
ll Judge wylle held that where ne All Of
Cougress gave q discretion to an executive
officer, or whore u required such an ofiicer
20 make an Inquiry Into fActs, and TO base
his action upon the facts 80 disclosed, the
scurts possessed pc power to Interfere with
Judge DIN bad sertlhsd this case hero on
aecount OF ia Importance. Hs thought that
II Congress Intended 70 give twenty per
cent, 70 elass Of persona, and directed me
Secretary 70 pay the petitioner, II he was
Within the clatl referred to, aud II the Sec
retaTy came here and did not deny that the
petitioner was an, employee, then he held
that the court had the right 70 compel the
Secretary TO obey the law. No oflicer was
above the law, and he would compel them to
"a. submit 2 Il % long as he occupied a seat on
jSdse Carter saId he agreed With both
his colleagues In thla case His dificuity
was that the class OF individuals on whom
the LAW conferred tho twenty per cent. was,
under the Law, 70 DO determined BY the Sec.
rotary. He dfd not t6e how this court could
control tao actiou Of the SecTetafy ID max
Ing tpls liberalization. The petition dis
closed facts which were fatal 70 lts appllca-
Judge DIN would say a.sIhglesord. II
the Secretary was allowed 10 determine upon
whon no would hestov the Zee allowed by
the Government tho intent Of tho law might
be rendered wholly nuRatory, IL was the
business Of thif court TO enforce the law upon
all the highest Is we'll as mo lowest.
Whether. the marines arc 10 be called on to
prevent The enforcement Of the decisions OF
thit eonrt o. not, y no questlon for US. We
Judge Cartier: God and the marines.
Judge Olln- Yos. n ..-
Judss Carter. The court arc no, mani.
nous, but q majority arc pretty Woll con-
WINGED that mafdamus win not lie In this
case. Congress gayetwsnty per cent. 70 the
clerks and employees o. the Government,
but Il len the determination Of the amount
on which, In the case Of employees, the par
centage was 70 be based, to beieft 70 be hxed
BY the Secretary amer inquiry. 4.
In The case OF Stokes vs.. Kendall the right
to Issue mandainus TO officers Of the Govern
ment was limited TO cases which were
strictly ministerial. There 1t was merely 70
enter credit on the books Of the Depart
ment. wEF .TfErE TCU ..l
[eubsequOnt cases have not enlarged The
Jurisdiction Of the court; on the contrary,
Subsequent cases tended 70 still further limit
In a recent case this Court has issued
mandamus commanding the Commissioner
OF Ratents 10 place claim for a patent be-
fore the examiners OF the Patent Once.
This Court Jaw In this only a simple, plain,
ministerial act directed BY tho law. Bat the
Supreme Court OF the United States when
that case was carried thergeyadSd ghS iasas,
that had no connection with tho glst Of the
case. This showed how adverse that court
was even toigivd effsdt to the full doctrine
laid down In the case Of Stokes vs.. Kendall.
Now, here the officers % the Government
were required to make certain inquiries as
10 the poaitlon and emolnmehts OF certain
employees, and 20 base on these Inquiries
the payment OF eertainsumE TO certain per-.
sons, who should be found 10 come within
The provisions Of the law. The Court
thought It had no power 10 bring IL man
dRmus TO bear upon the coneluLonG Of the
Secretary derived from that investigation.
The law presumed that the officers Of the
Government discharged their duty In a
proper manner. Against this presumption
the petition would have 10 nght all the way
through, and the presumption is conclusive
against the mandamus. Il had been said
that thiE decihion len the party without
remedy. ThiI was not 20. The law gave
every party wronged BY the unlawful act OF
another a remedy BY action against the
wrong-doer personally. To that remedy
this Court thinks the law POstpous' the Pc
The ruls was discharged, and the petitioner
allowed TO amend his petition so az TO pre-
sent the full case for appeal. iAs a.1'
Ao'ouin0o' q e r
CRIMINAL CoURf-J,idos RJ.sr.-Thls
court was engaged as follows Saturday.
Adam Patterson, Indicted for stealing q
bag worth ESQ from Nelson Garrison on tho
12th Of November last.
LoyeJoy for prosecution. Clark for do
fence. Theaccused was found guilty and
sent to jail for 90 days. lilo. m
Charles Newman, indicted for stealing
eight pounds Of beef from Daley & Yowlss,
on the 9th OF November last. lie was found
guilty, but the Jury also reported that the
convict was under the age OF sixteen years,
and so must be punished by Imprisonment