The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-04


partments Ia It's administrati IN OF the finances
If he country acts Independently Of the rputts
nf III ltIaA ID paying the public etelitors."
and that tue nN.toh1Th eoaia a, OILY epgeh, TO
traasufy officers must be naal In most in
atnrGsa In tha naturs pf things AID tho nanes-
atios ~ the government Money is appropti-
~ oil for certain objects, none Gao badrswu from
tho treasury savs according to law Of the obi
Ealnne tho dapRrttnant must Judge ~ y prompt
manner they cannot await years Of litlg rtlbn tn
lsarn ihDir dulles md the Responsibilities Of
the gov tnmRnt from the enuts: too Secretary
u the Navy could notEnbiRat ~ want hnl mia.
CRY the whole IF the wiapws and orphans on
the navy pension list until ha was Informed by
the court of this district whether M IS Decatur
should ha paid hnr claim " ~ per
nit an ,ntufafenee of tho courts ot juafioe
with the accounts and affairs Of the treasury
would soon sop its very iouade,ions Money
rules, nor could the fsorefary III the Troasury
ever Inform U1ngreaa OF the amount noedad."
The next case s that OF EraAheat va, Mason.
q How. IA This WIS review unan an ap*
plinniipn tot mHnaaMua - upmpel the Sanre-
5ary Of tho Navy TO pay the relatpr BILE ntrear-
ages of pay Ne o naval officer, The court fs-
alie1 adversely 10 tho jurisdiction. aud by y
unanimous nplnlDn faaIrmaa tha dprrina
laid down ia tho Oh Of Decatur VS. Psulding
sos the Uultfd slaes va; Guthrie, Y How, 2et.
This was q rnae In which he relatur. Aaron
~ drigh, claimed hat. having bean
nominated and tontlrmed as chief justice If tho
Terrtt9ry Of Minaeseta for the period o. f9ur
tire torn. although tho Fr~s idant had attempted
to remove him. n ppplled 10 the Uirruit Uutb
for The District ~ q ,iutnbia for n nlaudamns
upon tho Aeor.tnry OF tho Treasury to com pol
him 10 pny tp tho relntor his salary which wna
rRtused, aud on wit Of error tie Judgment
wa alfl rinei in the aunrema Cpurt though the
Justices divided In their raasons. n portion
holding thAt tho question ms To- the III 10 10 an
ONO" could not tn preshntea hy. mandamna to
pay the salary. The justices who phsssd upon
tho question lnvolyed here were iiys, four Of
whom bod that the Circuit court Dad no iurla-
dieti?n. Jnettee Danisls, IN .pfouneun9ias the
~ lori to every Ind thHt q treasury DOT fena,
round or shiaded by ilSna and astAb iahea
mo4.a mud rulna Of administration. but VIII u
could hs subjected to any number or dHserip.
ttpu Of Demands aRsarted and sust iua1
through tho unaallnei and undetinahla dis 8 !,
TO" !" tue n'nra You'd g"ratt w ,amp ana
inevitable necessities OF The natl N. no gov
atnma I. under eu0h 4 regime, or under such
IN absence VI rule would IL practicable nj all
bn adminisintel not by The srent dnpartmenta
ordained by tho constitution and laws and
quilted hy tho modes therein prasc tbsd, but by
tho nnrar'nin and narhRuE contra fiGtpry 40
lion of Tho courts IL the enforcement Of private
interests iia adds tho only instances in
wuich the department could he CONTROL ed Rre
eiTi iar not implisd In tho several aud Inherent
functions or duties Incident to his Office -aas
of q eharaetet rather eNlrhneons aud required
Ut tho individual rather than The funfinunrv,
Now. II WIZ Apply tho do trins here settled.
bow clear II Is that thls eOlrt Is without iutis.
lilo lon. Tho aots or proceedings Whlon are
hala sought To hn controlled Hra those which
are implied IN he's Inherent duties aud funn
lions Incident to tho lnea Of tho defendants
Iudned. they arc their ord mary duties. Tho
Auditor IA sought 10 be controlled III
his warrants in thu settlement
ri claims sgainst tho public treasury AMI tb5
Treasurer Il ,nghG To hn controlled Il tho N ID
tar pf unying tho .,ubie money out Of tho trsas-
ufy Of thu State, lIera Is nothing estfnneoua to
fha pGa. Nothing Is r,uuiteh of tho in1t-
viduai. Tho things 70 ba done arc regnir N "a
tireiy Of ths funrtiouh 81 aud not ut Rl Of thni4-
diyiduat. No much ia It n matter OF tho ordinary
duties IF those ON tars TO my tho interest Gon-
pom. that by general law OF tbs State tho
tnananr IA which those officers shall eannsl tho
coupons IL established.
and conclusive. rhe aase Of lFba Haukars'. z
reported ID IA Howel's State Trials D fur
nishnd tho occasion for the delivery OF Lord
It's clear dntlnltlpn Of Judicial power In Watfars
n rtnninE T. H. Kings 'reaanrY. thaf efIsr he
spse "t molly WE he aentnf,es s T. s' Gt,a
He stntes the casa thus; The question, then,
u, II m. annual sum. be granted by t1a
King under Tho great goal out OF any
branch Of tho revenue to subject
aud his heira, mud tbs annual payment happen
to hN N nrroar whether hy law the party may
como to tho Barpns Ut the Esohauuer lmm3-
diately. aud they, upeu prayer to them. may
enroll mud allow tho letters patent. aud may,
theteutnn. order ne Treasurer an Chamber
lain IL pay out Or the oEnhsllnr tho arrears
and neo tho growing payments of the fu
ture r.
Lord s,mtnors hold that tho parties could
II come IN tbs Il rat instances bafDre tho BhrDns
of tho by Fheuusr hut that they must present
thoir case by petition to The kiug. Iis say:
II will hld ono confederation more. which n
from thn Inconvenience. no inh9nsdnrRbfn
argument In ltw whtoh Is, that If tho Kings
tteHstIte he 50 far aH 5rt to the q iminia rnttpn
n N oraIpatr onnr. u lnstina ~ that Y must
sub Ut who haa mani thereon Tor
annuity or any other debt ttot de not SOC but
tho reason is bha enmel this may tnrn to the
II Al Inn m Nv vary hilfFl
dagrae.t Tho truth i. this method
does 10 effect pct inside tho lord Treasurer, QUO
Of the greatest Oh 'ers Of the kingiom."
III thR Court If tgusbu'a bench nE late nE tho
year 1879 III tho ease Of tho Queen Va. the Lprda
Unm mlaaiouers of the Treasury. I Law 10
ports. = 9HI. the same doctrine ts mn inlninad
wsre doubted, In this last case an
amount had been appropriated by Parliament
70 'ierny tbs charges for ptoahau'i ~ certain
cnu IT, nuH hRi been pnd into Tho hands of dS.
PENDANTS ns l.prda Com antast lnera Of thu Treas
ury, Charges for the prosecutions. for the pay
ment Of which pr vision WIS made by tho No.
preparation. hnd boon incurred. a nHndamug
was aanEht to compel the treasufarH to pay
the 40 charges. it. WAS bold that there whs no
doubt hut that the nh arges wore provided FIR
by the appropriation ana ought tn b. paid by
the treasurore, but that tho writ would not Ito.
as the ensurnre vera Rmouable 10 the Drown
alone. Cbef Justice Goakburn. In tho eourse Of
his ouinipn. HnYa: Over the Hpveregn We can
have 10 power. In like manner whom the par
tics are &c Ing a. servants Of tho Grown and
AtA hnlenAnlA 10 tlh GROWN. WnDaa AHrVHutH
thny are. they arc not Rnnpahls to lis In tbs Rs-
proae Of our preragative jurisdiction"
Whom the money is Id. oan on.
terta'n no doubt that 1t II paid to tho Lords Of
the TrHanry - servants Of tho Crown: aud
though quito agree that, according TO tnh Rp-
propriHtiun act. they were b3uud t. nppy the
money upon ths Vouchers btug produced. and
mad no authority 10 rufax these bills atil can
not sav thu thAre ia aay du winch makes 1t
Incumbent upon them to d, what. | c.tnuot
he 4ltata to say they ought to II IVA ,ns exeapt
u. servants IT the Drown. because In that char
actor they havn received thia money. and In no
other. Al houxh The Lords Of ths Treasury
have made very great mistake. and Attn ough
tho present state of things ia Of the most nno-
malous aud m vt Unsatisfactory character.
regret TO say. according TO the true principle
upon which this prerogativs jurisdiction ever
has been aud ought to bs exercised, do not
500 that THE rpurt has nu hority to issue this
writ Of mandamus.
/ think It clear, upon reason AMI author
ity. that whore constitutional otii5ers OF o
government are acting within the Sphere of
their ordinary duties In matters Involving dts
erection or jud tment pertaiuing to thu iaburs-
Ing Of tho publi' moneys they cannot be con-
trolled by tnA apu ia 81 in-tics. To do this
W ~ d be TO aubyert tue distribution Of tho great
y 1wers of gpvarnment upon The maintenance
OF which nIpna its HnPnnssful Op4ratiGl d.