The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-03
S0z!0D0N' !
A PERFECT LIQUID DENTlFRlcE FOR THE
Teeth AND BREATH.
USE WITH
S0z.0D0h
TOOTH POWDER

lngS OF this court Il is negative in
its character after it is prJh,pitl,e G.
The machinery CT This cou"r has been
put in effect by the appointment Of
the receivers. How &an jou get them
out? The only way is by writ of
mandamus. You can't get them out
by contempt proceedings, because con-
tempt proceedings arise out of a re-
fusal to obey the court.
Mr.. Fuller said that with all due re-
spect to the court, the other side had
raised questions that could not be
passed upon by this court, and he
read in support thereof from the
156th L. s., at 277, Hudson V. Parker.
| The abstract of that opinion is this:
"A writ of error, under the act of
March 3, 1891, paragraph 5, from tEis
Court to a Circuit or District Court
of the United States, in a case of IN
Viction of an Infamous and not capital
crime, may be allowed, the citation
signed, and a supersedeas granted by
any justice of this court, although
not assigned to the particular circuit
and the same justice may order he
prisoner, after citation served, u he
admitted to bail, by the judge befC re
whom the conviction was had upon
giving bond in certain sum, in prop
er form and with sufficient suretiCS :;
and if that judge declines 50 10 admit
to bail, because in this opinion The
order was without authority of law,
and the bond if given would be void,
he may be compelled to do SO by this
court by writ of mandamus.'
In the opinion it is said:
Were the question here only as to
what person should be accepted as
SuretieS on the bond, or as to their
sufficiency, there would be no ground
for issuing writ of mandamus. Eek
parte Taylor, IA HdW. :, Ex parte
Milwaukee Railroad, Wall. 1873. But
in the case cfore US, the district Judge
has not exercised any discretion in
the matter, but has declined to act at
all and has refused to approve the
bond, solely because, in his own words:
1T is found by him that the order of
Mr.. Justice White was made without
authority of law, and that the bond, ii
approved, would be void.
"As the district judge, in so rofus-
ing to approve the bond, appears to
have acted under n misunderstanding
of the powers of this court and of its
justices. and of his own duty in the
premises. and as in his return he eX-
re- Sos his readiness to enforce any
decision of this court, 1t appears 10 us
to be mere just to him, as well as more
consistent with the maintenance of the
rightfully authority of this court, TO
sustain this petition. ana enable pan
to be taken before him in accordance
with the order heretofore made, imam
TO dismiss these proceedings, ana to
deal with the matter over his head as
it were, by having the petition admit
ted TO bail by this court, or by the
Justice thereof assigned to the elghth
ci~c' IL.
Mr.. Fuller submitted that that case
decided the question without going
any further.
Capt. Day read from an opinion IN
the 1O9th v. s., Horey against NC
Donald. DID. 161, 1862, to the effect that
a writ of supersedeas must reach tllI
clerk of the court before the original
order was put into operation, IN order
to stay its execution.
BEFORE that writ of SuperSedeaS
came the property was IN the hallnS
of the receivers, and this was ont q
writ of restitution. In support or TINS
he read from the Attn Tenn. III the
matter of Higgins and Price, recelV-
ers, and goth American DECISIONS D.
E3t.
Judge Purnell, in passing upon the
matter said that by act of Congress
tho ,,hicf Justice vas the presiding
officer of this court and also OF the
circuit Court of Appeals. but III ms
absence the district judge exercises
the powers of the Chief Justice ana
also those of Circuit Court Judge But
t still remains that he is the superior
officer and this court must pay proper
respect to his orders.
Judge Purnell then read rule so IN
Bates Equity Jurisdiction:
The deciossni 81! &! :! 90 %.
The decisions cited by counsel had
been modified said the judge, IL not
overruled by a more recent declSloil'
at bav. very serious doubts as to the
authority of the justice assigned to the
circuit court to sign this writ OUTSIDE
he circuit. | have serious doubts as
10 it's effect, but / desire to discharge
NV official duties according 10 al INC
lights before me, ana moreover ouu az
defarance To my superior officer L VIII
recognize this order, and approve the
bond. Then the matter can De ap-
pealed.'