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Updated: June 29, 2025
I was to be hauled before Judge Wilson by means of mandamus proceedings, and, as he was notoriously a G.S. judge, and was coming to Ash Fork solely to oblige Mr. Camp, he would unquestionably declare the letters the property of Mr. Camp and order their delivery.
"Sheriff yavapai county ash forks arizona be at rail road station three forty-five today to meet train arriving from phoenix prepared to immediately serve peremptory mandamus issued tonight by judge wilson sig theodore e camp." My question being pretty thoroughly answered, I went back and continued my walk; but before five minutes had passed, the operator came out, and handed me a message.
"Under those circumstances, I must come down and forbid the marriage; and when our parson asks if there is any just cause I shall step forward to the rails, gayly flourishing the power of attorney, and not even the most hardened parson could continue in the face of that legal instrument. It is a mandamus, a caveat, and all sorts of horrific things." "Why are you doing this?" she asked.
If it had been within the power of the worshipful Quarterly County Court to issue a mandamus to compel fair weather on that notable Tuesday when the jury of view were to set forth, the god of day could scarcely have obeyed with more alacrity that peremptory writ once poetically ranked as "one of the flowers of the crown."
He did not have the remedy of the writ of habeas corpus nor the writ of prohibition against an official who attempted to make him the victim of some unlawful act. His only remedy was to bring a criminal action against such official, or to sue him for damages. He could not compel public officials to perform their ministerial duties by mandamus proceedings.
The militia companies had already laid aside their weapons and were parading peacefully upon Cambridge common. There they were addressed by two of the Mandamus Council, who confirmed their resignations and promised in no way to be concerned in the acts of Gage's government. Then the high-sheriff came under the attention of the meeting, and likewise promised to do nothing under the new laws.
The Bishop of Tarbes, informed and influenced, thereupon published the mandamus which placed the church under interdict, forbidding all worship there and all pilgrimages and processions to the tomb of the former priest of Lourdes. As in the case of Bernadette, his memory was proscribed, his portrait could be found, officially, nowhere.
"Don't let that trouble you," said the judge. "Make an affidavit before me, reciting the manner in which they were destroyed, and I'll grant you a mandamus compelling the directors to accept them as bona-fide proxies. Let me see how much injured they are."
Under the leadership of John I. Gaines the trustees called indignation meetings, and raised sufficient money to employ Flamen Ball, an attorney, to secure a writ of mandamus. The case was contested by the city officials even in the Supreme Court of the State which decided against the officious whites. Unfortunately it turned out that this decision did not mean very much to the Negroes.
The grave constitutional questions which had been discussed were therefore excluded from the decision of the case, the court, indeed, expressly admitting that with powers and duties properly belonging to the executive no other department can interfere by the writ of mandamus; and the question therefore resolved itself into this: Has Congress conferred upon the circuit court of this District the power to issue such a writ to an officer of the General Government commanding him to perform a ministerial act?
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