Mandamus

“ Mandamus is the proper remedy. The circuit court of appeals suppressed depositions taken as 'further proofs' on an admiralty appeal. Their right to do so is denied. If they had no legal power to do it, and have exceeded their jurisdiction, the remedy by mandamus is proper, and the only one the petitioner can invoke. ”

“ The court below say, 'every public officer, who neglects or refuses to perform a mere ministerial duty, whereby an individual is injured, is legally responsible to that individual, in some form or other; and a mandamus is one of the mildest forms of action that can be used:' making the liability to action, which should of itself prohibit the power of mandamus, the test of its correctness. ”

“ The applicant affirms that the order of disbarment was unwarranted, arbitrary, tyrannical, and oppressive, and asks the interposition of this court by mandamus for his relief. We cannot give him the aid he seeks by that writ, whatever may be the ground upon which the state court proceeded, and in whatever light its action may be regarded. A writ of mandamus can only be issued from this court in aid of its appellate jurisdiction, except in a few enumerated cases, not embracing the one before us. ”

“ An alternate writ of mandamus was issued, reciting the allegations of the petition, to which the defendants filed an amended answer, in which they set up that each and all of the judgments set out in the alternate writ of mandamus have become dormant because no execution was issued on any of said judgments, and no proceeding begun for the revival of any of them, and the same were barred by the statute of limitations of the territory. ”

“ Justice Strong, who delivered the opinion of the court, pointed out that the purpose of a writ of mandamus is to enforce the personal obligation of the individual, no matter how the duty arose, and that even if the party be an officer and the duty official, mandamus does not reach the office, but is directed solely to the person, who alone can be punished for failure to conform to the mandate, and the suit is therefore a personal action, based upon the alleged fact that the defendant has failed to perform a personal duty. ”

“ Mandamus has never been regarded as the proper writ to control the judgment and discretion of an officer as to the decision of a matter which the law gave him the power and imposed upon him the duty to decide for himself. The writ never can be used as a substitute for a writ of error. ”

“ This is not to say, however, that, following the setting of guidelines in this opinion, any future allegation that the District Court was in error in applying these guidelines to a particular case makes mandamus an appropriate remedy. The writ of mandamus is not to be used when 'the most that could be claimed is that the district courts have erred in ruling on matters within their jurisdiction.' Parr v. ”

“ On the 27th February, 1809, Governor Snyder sent a message to the Legislature of Pennsylvania, informing them of the peremptory Mandamus, and that he was making preparations to call out a portion of the Militia to protect the persons and property of the Executrices against any process that might be issued under the Mandamus. ”

“ Mandamus is an extraordinary remedy, to be resorted to for the purpose of securing judicial action, not for determining in advance what that action shall be. In re Rice, 155 U.S. 396, 15 Sup. Ct. 149, 39 L. Ed. ”

“ Mandamus is not a punitive remedy. The entire thrust of the Government's justification for mandamus in this case, moreover, is that the writ serves a vital corrective and didactic function. While these aims lay at the core of this Court's decisions in La Buy and Schlagenhauf v. ”

“ Thirty years had passed over Mandu since that strange time of death, when, in a single day and night, a Rajah, his minister, his Ranee, and his favorite slave had perished, each in his own way. During those thirty years Bhavani, the only son of Rai-Khizar-Pál, had been nominal ruler of Mandu. A boy of eleven at the time of his father’s death, he had of his own will placed himself and Mandu under the guardianship of Manava, a minister grown old in service, who acted as regent till, on his twentieth birthday, the young man took the cares of government upon his own shoulders. ”

“ The afternoon of the first day of Mohammedan Mandu was growing late. Yellow shadows lengthened across the fields. To the south, the flat, alluvial plain stretched away, dotted now and then with a mud town, or fringed with the jungle into which, in the India of that day, all civilization sooner or later resolved itself. In the north, not very far distant, rose the great rock of Mandu, crowned with her circle of stone palaces; and back of that, a silent, threatening horde, stood the dark Vindhyas, barriers of the Dekkhan.
Of these things Oman saw none. ”

“ Fidá el-Asra, thou hast been in Mandu, in my service, scarce half a year as yet; but because thou art of high birth and noble training, I repose confidence in thee. I cannot take thee with me upon my campaign, because I should fear to lose thee in the north. But, in leaving thee behind, I am about to place thee in a position of great trust. Manava, whom thou seest standing upon my right hand, is, in my absence, to be part ruler of Mandu. To Kasya here, my faithful eunuch, I intrust the guardianship of my women. ”

“ One of love and woman's power,
To Mandalla's sleeping hour.
Joyless and dark was his jewelled throne
When Mandalla awakened and found him alone.
He drank the perfume that around him swept,
'Twas not sweet as the sigh he drank as he slept;
There was music, but where was the voice, at whose thrill
Every pulse in his veins was throbbing still?
Dim was the home at his native star
While the light of woman and love was afar;
And lips of the rosebud, and violet eyes
Are the sunniest flowers in Paradise. ”

“ The First Man, it is said, promised the Mandans to be their helper in time of need, and then departed into the West. It came to pass that the Mandans were attacked by foes. One Mandan would send a bird to the great ancestor to ask for help, but no bird could fly so far. ”

“ On entering this vast city in its present state of solitude (the natives call it the "dead town") we all experienced a peculiar feeling, not unlike the sensation of a man who enters Pompeii for the first time. Everything shows that Mandu was once one of the wealthiest towns of India. The town wall is thirty-seven miles long. Streets ran whole miles, on their sides stand ruined palaces, and marble pillars lie on the ground. Black excavations of the subterranean halls, in the coolness of which rich ladies spent the hottest hours of the day, peer from under dilapidated granite walls. ”

“ MUHAMMADAN ARCHITECTURE AT MANDU, JAUNPUR, AHMADĀBĀD, AND GAUR
Many other remarkable monuments of the Afghan rule in India are found at Mandu, the former capital of the Sultanate of Mālwā founded by Dīlāwar Shah in the beginning of the fifteenth century, when Timūr's bloody raid into India gave him an opportunity of renouncing his allegiance to the Sultans of Delhi.
Mandu, built upon a grand plateau overlooking the valley of the Narbadā river, was in its time one of the most formidable of the hill fortresses of India. ”

“ The years passed in peace and well-doing until the Rajah attained his five and thirtieth year. Then came an event which, for a long time, seemed to have turned the severely upright ruler quite out of his course, and to have made him a man of men, erring and weak. From some distant land, none knew where, there came to Mandu one of those purely Indian characters, known long before the time of the great Buddha: a religious courtesan, a woman of supreme beauty and magnetic power, [Pg 336] by name Zenaide. How, by what means, she got her first audience of Bhavani, no one knew. ”

“ The Mandingoes of the most cultivated type seldom found their way to the West Indies. But if ever slave became noticeable for his temperate and laborious habits, a certain enterprise and self-subsistence, a cleanly, regular, and polished way, perhaps keeping his master's accounts, or those of his own private ventures, in Arabic, and mindful of his future, he was found to be a Mandingo. Their States are on the Senegal; Arabic is not their language, but they are zealous Mohammedans, and have schools in which the children learn the Koran. The men are merchants and agriculturists ”

“ Human sacrifices have never been made by the Mandans, nor by any of the north western tribes (so far as I can learn) , excepting the Pawnees of the Platte; who have, undoubtedly, observed such an inhuman practice in former times, though they have relinquished it of late. The Mandans sacrifice their fingers to the Great Spirit, and of their worldly goods, the best and the most costly; if a horse or a dog, it must be the favourite one; if it is an arrow from their quiver, they will select the most perfect one as the most effective gift ”

“ The Padada people say the term diwata is a name which may be applied to the timanEm, of whom there are two, a male and a female.
Mandalangan, also called Siling or Manobo Siring, is much like the Bagobo divinity of similar name. He is fond of war and bloodshed and when there has been a great slaughter he feasts on the flesh and drinks of the blood of the slain. Only warriors can address him and make the offerings of red food which he demands. Once a year, usually after the rice harvest and when the moon is full, a raid must be made and victims slain so that this spirit can feast. ”

“ The deserted zenana was opened once more, and a new woman installed there in her loneliness. One week her husband tarried by her side. Then he took his man’s privilege, and left her alone in her state, while he marched away at the head of his little army—fifteen hundred men—into the echoing north. The benedictions and the adoration of all Mandu followed him. Old Bhavani had been a good ruler, the kindest, the most just of men. But, after all, men were made for war, and it was better that the princes of men should be generals than judges. Alas for Mandu! ”

“ The Mandans (people of the pheasants) were the first people created in the world, and they originally lived inside of the earth; they raised many179 vines, and one of them had grown up through a hole in the earth, over head, and one of their young men climbed up it until he came out on the top of the ground, on the bank of the river, where the Mandan village stands. He looked around, and admired the beautiful country and prairies about him—saw many buffaloes—killed one with his bow and arrows, and found that its meat was good to eat. ”

“ Mandanus aims at the greatest perfection in every thing. The strength of his mind, and his just way of thinking, make him intent upon removing all imperfections.
He can tell you all the defects and errors in all the common methods, whether of trade, building, or improving land or manufactures. The clearness and strength of his understanding, which he is constantly improving, by continual exercise in these matters, by often digesting his thoughts in writing, and trying every thing every way, has rendered him a great master in most concerns in human life. ”

“ The Mandingos maintain the system of totems or clans, and each section or tribe identifies itself with a symbol, which is usually an animal or a plant. The Mandenga are supposed to have either the manati or the hippopotamus as tanna. (Binger states that the manati was the totem of the Mande group, to which perhaps belonged originally the Susu and the Dyula.) The Bamana are the people of the crocodile; the Samanke are the people of the elephant ”

“ One night the old man is troubled with a dream. He sees a vine spring from his daughter, which overshadows all Asia. He sends for the Magi to interpret; and they tell him that Mandane will have a son who will reign in his stead. Having sons of his own, and fearing for the succession, he sends for Mandane, and, when her child is born, gives it to Harpagus, one of his courtiers, to be slain. The courtier relents, and hands it over to a herdsman, to be exposed on the mountains. The herdsman relents in turn, and bring the babe up as his own child. ”

“ The southern end of Mandalay touches the northern limit of Amarapoora, which was the capital up to 1860. Here are to be seen the remains of a great royal city nearly as large as that at Mandalay, and after the same model exactly,—square; set so as to face the four cardinal points; the ruins of a great wall around; a deep moat outside, now dry; the palace in the centre; pagodas and other sacred buildings here and there, scattered over the place; and everywhere broken bricks strewn about; some of the ground now cultivated, and the rest covered with dense tangled jungle ”

“ MANDAN CHIEF. At a period late in the twenties, the Mandans, one of the most intelligent tribes of Indians on the continent, were almost swept out of existence by the smallpox. The story comes down to us in the form of a tradition among other savages, but it is nevertheless true, as there are a few old trappers yet living who remember all the particulars of the event. ”

“ Then even the gods in the air fled in all directions, seeing that Dhanavatí, if angry, had power to destroy a world.
But Mandaradeva, seeing that the emperor Naraváhanadatta was left alone, ran upon him with uplifted weapon. Naraváhanadatta, for his part, descended from his chariot, and drawing the sword which was one of his imperial jewels, quickly met him. Then Mandaradeva, wishing to gain the victory by magic arts, assumed by his science the form of a furious elephant maddened with passion. ”