e.] United States _v._ Schurz, 102 U.S. 378
(1880); United States ex rel. Dunlap _v._ Black, 128 U.S. 40 (1888).
_Cf._ Decatur _v._ Paulding, 14 Pet. 497 (1840); and Riverside Oil Co.
_v._ Hitchcock, 190 U.S. 316 (1903), where the rule is reiterated that
neither injunction nor mandamus will lie against an officer to control
him in the exercise of an official duty which requires the exercise of
his judgment and discretion.

[473] This was originally on the theory that the Supreme Court of the
District had inherited, via the common law of Maryland, the jurisdiction
of the King's Bench "over inferior jurisdictions and officers." 12 Pet.
at 614 and 620-621.

[474] Little _v._ Barreme, 2 Cr. 170 (1804); United States _v._ Lee,
above; [Transcriber's Note: Reference is to Footnote 470, above.]
Spaulding _v._ Vilas, 161 U.S. 483 (1896).

[475] Bell _v._ Hood, 327 U.S. 678 (1946). The decision is based on an
interpretation of 28 U.S.C. Sec. 41 (1).

[476] Mitchell _v._ Clark, 110 U.S. 633 (1884). An official action is
indemnifiable if Congress could have authorized it in the first place,
or if it was done under "imperative orders which could not be resisted,"
or "under necessity or mistake." Ibid. 640-641.

[477] Tennessee _v._ Davis, 100 U.S. 257 (1880); In re Neagle, 135 U.S.
1 (1890). _Cf._ Maryland _v._ Soper, 270 U.S. 9 (1926).

[478] 17 Op. Atty. Gen. 419 (1882). _See also_ Hinds' Precedents, III,
Sec. 2315-2318 (1907).

[479] The Belknap Case, ibid. Sec. 2445.

[480] Elliot, Debates, V, 341, 528.

[481] Ibid. IV, 375.

[482] The Federalist No. 65. For the above _see_ William S. Carpenter,
Judicial Tenure in the United States (Yale University Press, 1918),
105-106.

[483] John Quincy Adams, Memoirs, I, 321, 322 (1874).

[484] Trial of Andrew Johnson, I, (Government Printing Office, 1868),
147.

[485] Ibid. 409. Johnson and his Cabinet were much concerned over rumors
that it was the intention of his enemies in the House, following
impeachment and pending the trial, to put him under arrest and/or
suspend him from office. Gideon Welles, Diary, III, 21, 27, 50, 57, 60,
62, 151, 200, 235, 237, 238, 291, 313. But no such step was attempted.
Several state constitutions contain provisions authorizing suspension
from office in such a case.

[486] Carpenter, Judicial Tenure, 145-153.

[487] Senate proceedings in Cong. Record, vol. 80, pp. 5558-5559, (April
16, 1936).

[488] On this account, as well as because o