The  nearest  approach  to  advice  by  the  courts  is  the  procedure
of  the  Court  of  Claims  under  the  so-called  "  Bowman  Act "  of
March  3,  1883,  by  which  the  head  of  any  executive  depart-
ment, or  either  house  of  Congress,  or  any  committee,  may
submit  or  refer  any  claim  or  matter  for  the  judgment  of  the
court,  such  judgment  to  be  sent  to  the  party  requesting  the
opinion  for  his  guidance.  Under  electoral  statutes,  federal
judges  sometimes  make  appointments,  as  of  the  bankruptcy
commissioners  in  1867,  and  of  supervisors  of  federal  elections
from  1873  ^o  1894.
Si4o]


Federal  Writs.
307


The  normal  function  of  federal  courts  is  to  make  judicial
decisions  in  cases  actually  brought  before  them  on  conten-
tions which  involve  the  actual  legal  rights  of  at  least  two
genuine  parties.  Nevertheless,  like  the  state  courts,  they
issue  a  variety  of  writs  preliminary  to  suits,  often  on  the  rep-
resentation of  one  party  only.  Among  minor  federal  writs
authorized  by  the  judiciary  acts  are  the  following:  (1)  scire
facias,  used  to  enforce  or  vacate  a  judgment,  recognisance,  or
patent;  quo  warranto,  commonly  directed  to  a  person  hold-
ing office  in  violation  of  the  federal  constitution  or  laws,  or  to
a  corporation,  directing  it  to  show  cause  why  its  charier  should
not  be  forfeited  ;  (a)  ne  exeat,  granted  in  equity  cases  to  pre-
vent the  defendant  from  leaving  the  United  States ;  (3)  cer-
tiorari, issued  to  call  up  for  review  in  a  superior  court  the
record  of  a  proceeding  in  an  inferior  court ;  (4)  supersedeas,
used  to  stay  proceedings  which  ought  otherwise  to  be  carried
forward;  (5)  execution,  the  order  or  warrant  given  to  an
officer  to  carry  into  effect  the  judgment  of  the  court.
