Page:Federal Reporter, 1st Series, Volume 7.djvu/336

 324 FEDERAL REPORTER. �the persons who may he members of the board sliall do what is required. 11 the members fail to obey, those guilty of disobedience may, if neces- sary, be punished for contempt. Although the command is in form to the board, it may be enf orced against those through whom alone it can be obeyed. * * * * The board is in etiect the oiHcer, and the members of the board are but the agents who perf orm its duties. While the board is proceeded against in its corporate capacity, the individual members are punished in their natural capacities for f ailure to do what the law re- quiresof them as the representatives oi the corporation." �In that case the question was whether the writ was prop- erly addressed to the board in its corporate capacity, and it was held that such was the prbper practice ; that the writ once served is retained until the thing is donc which is com- manded, and it "may at all times be enforced through those who are, for the time being, charged with the obligation of acting for the corporation." It is not decided that a man- damus addressed to the board may command the perform- ance of duties which the law devolves upon the clerk and the treasurer ; no such question was considered. The question in the present case is, can the members of the board of oounty commissioners be punished for contempt in failing to collect and pay over the tax levied by them to pay relator's judg- ment '? It is insisted that it was the duty of all the officers of the county, including the clerk and treasurer, to take no- tice of and obey the mandate of the writ addressed to the board. If this were granted, it would not follow that the board should be held in contempt ; for, if the writ can be regarded as addressed to and operating upon the clerk and treasurer, then those officers may be in contempt for failing to obey it, while the board, if it bas performed its duty fully, may be exonerated. The members of the board cannot be punished for a failure of the clerk and treasurer to discharge their duties. But I should have great difficulty in holding that the clerk and treasurer could be punished for failing to obey a writ not addressed to or served upon them, and which does not name them, or command them in terms to do any- thing. I am not prepared to say tbat, in such a case as the present, the writ might not run against the corporation, and be served upon the several officers who have duties to per- ��� �