In addition, to this application, I also moved for a mandamus to him
to vacate the order imposing a fine and imprisonment upon me for the
alleged contempt of his court, or for such other order in the premises
as might be just. I took the ground, that as the order did not show
any act committed which could constitute a contempt of court, it was
void on its face, and should be so declared. My old friend, Gregory
Yale, assisted me in the presentation of these motions. In deciding
them, the court delivered two opinions, in which these positions
were sustained. They are reported under the titles of People, ex rel.
Mulford et al., vs. Turner, 1 Cal., 143; and People, ex rel. Field vs.
Turner, 1 Cal., 152. In the first case, a peremptory writ of mandamus
was issued, directed to Judge Turner, ordering him to reinstate us as
attorneys; in the second, a writ of certiorari was issued to bring
up the order imposing a fine, which was subsequently reversed and
vacated, as shown in Ex-parte Field, 1 Cal., 187. The opinions
referred to were delivered by Judge Bennett, and are models of their
kind. Many years afterwards, when a somewhat similar question came
before the Supreme Court of the United States, I was called upon to
announce its judgment; and in doing so, I followed these opinions, as
may be seen by reference to the case of Ex-parte Robinson, 19 Wallace,
510.
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