“ The contention is that as the statute exceptionally allows attorneys' fees in mandamus proceedings against one refusing to obey the peremptory writ of mandamus, and does not allow them in other cases, it contravenes the equal protection of the laws clause of the 14th Amendment and is void. ”

“ Indeed, in the argument at bar it was freely conceded that it may well have been that the mainspring which caused the adoption of the statute relied upon was the deterrent influence which it would produce in the prosecution of writs of error to this court. Thus the argument proceeds: 'The railway company refuses to obey; judgment is had against it; it still refuses, it seeks delay; it initiates a writ of error in this court. ”

“ That the jurisdiction of this court in mandamus attaches upon the issuance of the althernative writ, and the subjectmatter of the proceeding being the awarding a peremptory mandamus, that jurisdiction continues unabated, not only until the writ is awarded, but also until the writ is issued and obedience to it enforced. ”

“ At the close of the opinion there was the following memorandum:
'The court has authority to render judgment in favor of the plaintiff for any damage it has sustained. Gen. Stat. 1901, § 5193. The plaintiff is given ten days in which to file a claim for damages, stating separately the character and amount of each item. The defendant is given ten days after notice of the filing of the claim in which to except to any items which it may deem not recoverable. ”