, 1877-02-13
sonsht, II he presented bond snfnelant in form.

and s"pe In tka security otisred. waen the bona
was presented It became the duty Of the Snprr.
approvs Tie hond 10 ascertain whether itc &c
snst,r .Hd;. W + acquats b. I'D to eoa:les not rot
prudent er IN man %se woa .ay
s5 xs'ss soa!d stI:s .te% H.. s:s::ss. 4 i:
ennld Il no e!ent amount 10 n,ore Than Ills iaxes
which tho Collector VIA authorized 10 recei,o-
Sk;; 81. 537 5sJ. = II Il wa. reasonably ccrtaln
that ha Wnni receive 40 much TGHey, tnan TN.
quoatonably the Eecnr'tles should hn aafe to re.
spond to that SUN; n from the practical pcricnce
n wes sa oeos o eoec H. 'ef s
strong probabilities were that tho Collector womb
nSt Fssslss mere % s saa A. Or Third the
Of al taxes assessed would be snni.
s ssp III. 1s ssnsss sasn Of 4 H. ss
dependent on than, Rfe 10 bo cona,,srel liz a1iny
tf1s sum for FhIch thn security shuuld be ample.
amount adequais nudcr tho eifs,t,nstaneca, '1 IN.
NnaElng Inio tho property owned BY tho securities,
tho KIND OF property. whether rea., or lands. or
ess ,ea s sopl, ch.r ana
ad,r or easily Transferred snI fs ,uvabIc,
INVOLVES JUDGMENT AND DtscRgTI0N TO pH
Or county. and Stats. Ali sh,s reaalrcs psrsonal
!nsysstIxatton ny md heanng and weiah..g sv.dcncs.
bs discretion md i !. shs exercise Of powofs sad
duties that are ju.iEelai in tber nsture, and not
st,sly %nl''ena! in suse case .ee eons;s
ths! the otacer reaaifsd = perform aash
md !lte =. duties. aets lnJte!aily. and u
menL and entitled to exercise III discretion VIII.
out ,nerferencc BY Of contro Of any court BY per-
IL Rs2nasi -. Tss United States, II Peters. s24,
i was held by tho Supreme Court Of tho United
States that the c,reai. Court bad jurisdiction to
Decstur ". Padding, II Pcttrs, AD7, that the writ
COULD not b. tfsucA TO compel the Secretary Of tho
II sh. erssss &c Of
and that tha Court could not act directly upon the
o!ieer md control hs judgement or s dt.steton ~ n
state. r.. uuthrts. y Howard 81. ths Court
says "that The only sets 70 which Tho poHoss o.
tho courts, by mRndnmus. extend. are such ~ arc
purely ministerial. and wit! regar5 to which moth
ing Ike Judgment OF discretion 10 The performances
man u. Tl,e selectmen of New Haven. "a Conn,
400; e1 paris llarfls, ~ Alabama, 10. 1n ~ Now
York. 4,1. Mhcre Assessors were rc9n1fad to mako
Aldhvtt TINT ct,I,4tut IN writing OF ,!ljofity VI
tho taxpayers owning more than haf VI thu taxaulo
property had been obtained to lsnut bonds, tho
Su.t fsfasel shs ws. eceause te making of s1eh
Termination upon evidence and the exercise Of
Judgment and discretion.
Such casea night bs multiplied. all hotdlug that
the writ OF lnaud1mua should .--
NOT BE Issus IN CASES SIMILAR TO TIE ONE At
HAH,
and Ill holding that the Courts will not direct in
what manner tl,c Officer shsll act u be has 10 cxcr
cleo judgment nnl discretion. They will compel
him TO proceed when he has refused 10 act% lut
will not compel him to decide IN sny particular
WAY. When tho right Of judgment extsts In an
officer It 10 his Judgment or discretion, and nut
that Of tho courts, which Ia To control, By award
ing peremptoty writ Of mnndamus,. Such was In
effect the decision of AeAilEster, Judge, when this
case was heard before.
] may haye Itfscred With the Supervisor on tho
finder tho standard suggested: II, indeed, nut
more than 81. 600. O0J arc to be and can he cnl.
lectcd, the seentaty seems to be ampso. Hut u il
not ny opinion Of Judgment TINT controls. H. Is
mcnt nn. diacreton In him a. to the sutclcnty or
tho purcty. and ho has considered tho application
10 approve The bond ~ last presented, aud refused
e !nsassc as ap1Io's1 1f
1f his Judgment, cannot award the writ II Is
accordingly denied, and the petition Ia dismissed.
Mr. Cloudy asket whether certain parts Of tho
demurrer were sustained, md the Court again read
portions Of the opinion sustaining these minor
points.
Mr.. 0oudy said that II there vas any objection
10 the replication on the groaud OF yerbiage In the
languages, that could easily be remed,ed.
Tho Court did not seem TO think this at all neces.
'sTy, and Instructed tho Clerk 10 enter on tho
record that tho demurrer to parts Of the tnsuer
Tas Austafned; that the general demurrer died by
he respondent to petitioners replication was also
1ustained: and that tho yetItIon for u,Anilamus
Ma dlsmlaeed, aud tho writ refused.
he bond ior that nurpote ut $500 This cnded the
proceedings In tho second tnnndamus cAse Of
d'shaeI Evans against saPssvisos Lincoln.