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~ puts0n, nnu is eNl U8tE. t.4Aa..a.f. ii.
soni,--l IN construction of law. alone Dos.
aesscs The high power ~ issuing the writ
ol mandamup, not only to Inferior iuris.
dictiona, but also 10 magistrates and
others, commanding ihem. ia tho kinn'sI
name, TO do what their duty requires, in
eases, whore there IS vested right, and
!. no other specific remedy Il has been
held in the case referred TO. that. as the
Supreme court Of the United States i, by
tho constitution, rendered incompetent 70
exercise this power, and as the circuit
court OF this district is court of gene.
raj jurisdiction in cases Of common law.
aud the highest court of original lurisdc.
ton in The district, the right to issue the
writ OF mandamus Is incident to the com.
mon law powers. Another ground relied
upon to maintain the poser nquestion, IS
that il was included by fair construction.
in the power it granted to the circuit
courts Of the United States, by the act
"to provide for the more convenient
organization Of the courts Of tho United
States,n passed 18th day Of February.
1901; that the act establishing The cir
emit court OF this district, passed the 27th
day of February, 1901. conferred upon
that court and the judiciary thereof tho
same powers us were by law vested in the
circuit courts of the United States, and in
the judges Of the said courts; that the re.
peal Of the first mentioned act. which
took place in the next year, did not di
vest the circuit court Of this district o
the authority in dispute, but left il still
clothed with the powers over the subec
which, it is conceded, we're taken ava,
from tho circuit courts of the United
States blythe repeal ofthe act ofthe l3il
February, 1901


Admitting that the adoption of the laws
Of Maryland for portion Of this dis
trict conlers on the circuit court thereof
in that portion, the transccndant extra
judicial prerogatiye powers of the cour
of Kings Bench in England, or that o
the acts of congress, by necessary i'm
plication, authorize the former court /,
issue writ of mandamus to an officer o
the United States, to compel him to per
form n ministerial duty, the consequence
are, in one respect, tho same. The re
cult, in either case, is, that the officers o
the United States, stationed in ditleren
parts Of the United States, are, in res
pect to the performance Of their oflicia
duties, subject to different laws aud dill
ferent supervision; those in the states Il
one rule, and those in the District Of Co
lumbia to another, and very difleren
one. In the District their official conduc
is subject to a judicial control, from whicl
in the States, they are exempt


Whatever difference OF opinion ma,
exist as to the cxpedioacy of yeslng sue
power in the judiciary, in system q
government constituted like that of tn
United States, all must agree that thes
dsparagng discrepancies in the law an
in the administration of Justice, ougl
not TO be permitted to continue; aud d
Congress alone can provide the rcmod,
the subject is unavoidably presented ,
your consideration.


NJ. VAN BUREN,.
