The respondent in an original petition to this Court for a writ
of mandamus which is denied, cannot tax as costs his disbursements
for printing briefs, but a docket fee and disbursements for
printing objections in the nature of pleadings are taxable.
After announcement of the judgment in this cause,
ante,
114 U. S. 147, the
respondent moved to tax as costs, 1, a docket fee, and 2, his
disbursements for printing briefs of counsel, and objections to
filing a reply to the relator to the return of the respondent.
MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.
It has never been the practice of this Court, in cases brought
before it under its appellate jurisdiction, to tax as costs
disbursements by counsel or parties for printing briefs. We see no
reason for adopting a different rule in cases within our original
jurisdiction. A proceeding in this Court, under its original
jurisdiction, against a judge of an inferior court of the United
States to obtain a writ of mandamus requiring him to proceed in a
cause pending in court before him, is a civil cause, and a docket
fee is therefore taxable in favor of the attorney of the prevailing
party as part of the costs. The objections to the filing of the
reply were in the nature of pleadings in the cause. The
disbursements for printing such objections are therefore taxable as
costs of printing the record.
The motion, so far as it relates to the printing of briefs,
is denied, but in all other respects granted.