As earlier pointed out, where the performance of a ministerial duty is commanded by an administrative superior, mandamus will issue to the subordinate compelling obedience thereto.57 Moreover, in very many cases "the neglect or failure of a public officer to perform any duty he is required to perform is an indictable offense even though no damage was caused by the default, and a mistake as to his powers or with relation to the facts of the case is no protection." 58 This criminal liability is, however, as Pro-fessor Goodnow observes,59 sometimes difficult of enforcement owing to the fact that the prosecution of all crime is in the hands of a district attorney or other public prosecutor who is closely affiliated with the administration.

56 67 Fed. Rep. 351.