Year: 1872

Motion to Punish the BOARD of Audit
for Disregard OF n Writ Of Peremutorv
Mandamus-An End that Was Not nm
END.


Several weeks ago proceedings were begun In
the Supreme Court, Chambers, to compel the
Board OF Audit to audit and allow the claim OF
John T. Baker for services as clerk In the Finance
Department Mr.. Frederick Fl. Kellogg a young
and ambitious lawyer, took the case in hand, and
he evidently finds the fight a more serious one
than he anticipated. But he does not weaken OF
show any disposition to retire from the contes,
He made out clear case and finally reached the
point OF procuring peremptory writ Of mandamus
against the Board directing them to audit and
allow the claim. 1t would seem as though there
was no way OF evading prompt obedience to such
direct and plain mandate OF the Court. There
was way, however-tO pay no attention to It,
Patient at first, but at length with patience worn
out waiting obedience to the order, Mr.. Kellogg
procured an order to show cause why the Board


PUNISHED FOR CONTEMPT
IN disregarding an order Of the Court. This was
returnable yesterday, and came up for argument
before Judge Leonard, at Supreme Court, Cham
bers Mr.. Kellogg stated that ten minutes before
the case was reached on the calendar he was
served with an order to show cause why the
original order should not be vacated He charac.
terized this MS mean trick and device; but, aside
from that, claimed that the Board had no right to





tempt Of Court. He cited various authorities on
this point, and insisted that no case OF contempt
was palmer than that Of the Board of Audit in the
present instance. He then proceeded to give the
history or the case how six weeks ago q writ OF
peremptory mandamus was obtained against the
Board OF Audit; how due notice OF settlement was
given him six days after the peremptory writ was
was the time, II ever to move to vacate the order
or appeal from It; how they failed to do either and
how at this time, after being


FIVE WEEKS IN CONTEMPT,


davits submitted in connection with this motion,
and which he had had barely time TO glance
over, did not, he insisted, affect the
merits In the least, and were fully
answered by the original petition. He moved to
punish the Board for contempt. They had not
seal OF the Court. II they were not in contempt
ne could not see how 1t could be possible to be In
contempt.


SETTLEMENT THAT WAS NO SETTLEMENT


Mr.. Strahan with q bow and smlle rising and
addressing the Court II will submit my papers.
You can read them at your leisure.


Mr.. Kellogg with deep gravity OF earnestnes ess)-
What does the gentleman mean 2 IwOud like
look at the papers submitted to the Court. want
the case argued now and In open Court.


Judge Leonard docking blandly over his spec
tacles)-The counsel says he will submit his
papers.


Mr.. Kellogg-Iwould like some chance to answer
them. 1t Is not fair to submit papers in this way.
i would like to call your attention to section 21,
page 638. OF the Revised Statutes, defining the
duty OF the Court In this case.
Judge Leonard-You are clearly entitled on the
grant it unless the papers on the other side show
some way out Of the diilculty.


Thus the case ended for the present, the Judge
taking the papers.