Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1875-03-19
SENATOR RANSO OM-WHAT HE
SAVED US FROM.

The following is copy of the bill
that was prevented from becoming d
law only by the vigilance of Senator
RANSOM. We publish it in full that
our people may see from how great
trouble and vexation and outrage aud
oppression they were saved:
AN ACT TO REGULATE PROCEEDINGS IN
MAEDAMUs.
Be it enacted by the Senate aud
House of Representatives of The United
States Of america in Congress assem-
6ted, That in all proceedings ina man
damus, in any of the Courts of the
United States, wherein any officer Of
the United States is made q party de-
fendant. but who may die, resign, or be
removed from office before the final de-
termination of such proceedings, the
same may, If necessary for tho pur-
poses of justice, be revived against hie
SUCCESSOR in said Office, and suoh pro
ceedings may be had as in case of the
death of party defendant during the
pending of q suit at Law in proper
Court; and said proceedings in inanda-
mus shall proceed to hearing at the
same term, unless for good cause
shown the Court ahell continue the
case; and If peremptory writ shall
be awarded, the same shall and may
be directed to any successor in Office
to such person who may have 80 re-
signed, been removed, or died.
Sec. 2. That the Circuit Courts of
the United States shall have, and are
h-leby give power to is sue the writ
of mandamus in all causes at law or in
equity of which they have jurisdiction
aud III which such a writ by the CON-
mon or the chancery law is an appro-
pirate remedy; or by way of original
proceeding when such writ is neceA-
snry to any jurisd ction possessed hy
said Court and is {. proper remedy.
Sec. 2. That this act shall take effect
from the date OF its passage.
Tie following extract from the pro-
ceedings Of the Senate, rs published
in the Congressional Record, Will
show what part General RANSOM took
in the matter. Had the bill passed
We would have been at the mercy of
any District Judge in the country:
MANDAMUs PROCEEDINGS.
MIR. Ransom. A message came from
the House short time ago announc-
ing its agreement to the amendments
of the Senate to the bill (H. r. No.
1879 to regulate proceedings in man
dan,us. wish before the bill is ell
rolled to have it referred to the Judi
cisry Committee for examination.
The Vice President Such motion
would not be in order at this stage of
the bill.
MIR. Ransom. [ have consulted with
members of the Judiciary Committee
and they think the bill needs examiuu-
ton.
MIR. Boutwell,. If the bill is here, I
think we had better leave it on the
table. and the Judiciary Committee
can look at it.
Mr.. Ransom-The Senator from
Massachusetts will pardon me for say
ing that it is a bill in which my State
aud other States are greatly concern
ed. L have consulted with the Ju-
dietary Committee, and on the sug-
gestion of leading members of that
committee make the motion that the
bill be now referred to the committee
for examination. The uill has not yet
been enrolled.
The ice e-President The bill is in
the possession of the House of Repre-
sentatiyes. It Is not in the possession
of tha Senate.
Mr. Ransom-Then move that the
Senate request the recall of the bill
from the House.
The Vice-Prcsident-Th Senator
from North Carolina moves that me,
sage be sent to tho House of Repre-
sentatives asking the return Of the bill.
The motion was sgreed to.