The New Orleans crescent., 1868-09-18
5EIoV TUlJgs&EE
gOral 5ntelligsnfs.

U. 8. COMMISSIONER wARREs's CoURr-John
b. Fillman, eolored, charged with having
attempted, yesterday morning, to pass counter
felt enc dollar greenback on Mrs. Caroline Stever
q vegetable dealer in Poydrss Market. has been
sent before the commissioner by Recorder Becker,
and will undergo examination on the 18th inst.
Clement Martinez charges Kitty Jones, Q colored
keeper of stall in the st. Bernard Market With
having passed a counterfeit five dollar bill on him
on the 18Th inst, and with now denying the act
and refusing TO take the bill back. The case was
referred to the commissioner by Recorder Masis-
cot, and has been fixed for the 23d inst. ,
NJ. NJ. Norris freedmen's bureau agent in Terre-
bonne parish, has made affidavit against Mr.
Aycock, o citizen Of that parish, charging him
with assault and battery. The complaint acknow-
lodges that the local authorities had already taken
cognizsnee of the affair, but complains that the
bond required was too small, and does not pro.
-tect complainant from further assault. The bond
required was $3.50, an amount usually considered
sufficient in such cases. -rr
THE JUDGE of the Sixth District Court has dis
miss ed the contested election case Of W. Geredias
vs. l.. e. Lemarie, for the Office Of State tax col
lector of the Second District, on the following
grounds: I'VE quote from the Evening Delta
Plaintiff contests the election of defendant to
the Office Of State tax collector for the Second
District Of the city Of New Orleans for different
reasons set forth in his petition.
The defendant has excepted to the right OF
the plaintiff to maintain the present suit upon
several grounds, one of which will now proceed
to consider.
II is objected that the court has no power TO in
terfere in the matter of the election of the lTth
and 18th April, but SO far as that election related
to the Office claimed by the plaintiff, because the
same was not held in pursuance of the laws of
Louisiana, but, on the contrary, was ordered by
the military commander of the Fifth Military Dis
trict, by virtue of authority conferred upon him
by the acts of Congress populsry known as the
reconstruction laws, and that the decision OF the
military commander in respect to said election ID
autiocf IN the raviQinO Of the rOurts Ol
justice Of tie State.
In order to arrive at a correct solution of the
question, the Judge then proceeded to examine
and define the powers granted by the reconstruc-
ton acts.
"Under these acts they (the convention) did
not possess the power to change the officers oil
the government then In Office, nor 10 provide for
eectiDg others in their stead. This is apparent
| from the mere reading of the acts cited. And as
proof of this proposition the examples Of the
| Texas convention, calling upon Congress TO DC
this very thing, is quite in point.
"Cobgress passed the supplementary act oi
| March :, lS6S, authorizing the several oonyen
tioDs TO order an election for officers at the samc
time they ordered the election for the ratification
| The last act admits fully the original want o
| power in the conventions, and supplied the omis
sion. In that respect it stands simply as further
grant Of power"
The Judge quotes the second section of that act
| "The convention had then the power TO orde
elt ctions only for those officers elective by tht
people and which were provided for by the Con
| stituton. / have searched In vain the Constite
ton of 1865 to find any provision made Tor the of
fee of tax.colle ctor, either elective by the peo
| pie or appointed by the executive"
| Referring to the act of the Legislature latell
passed, transferring causes to the courts created
under the Constitution of 1868, the judge says
| " do not understand this act as giving jurisdc
ton where none existed previously. II simply au
tborized trial in cases properly within the yurls
4 diction OF the courts, at time when the court
would otherwise have been in vacation. FO
these reasons the exception filed must be sustain
| ed and the suit dismissed at plaintiffs cost"
The RECORDERS COURTS, police stations, an
| all other places Of criminal resort were entirel
bare, yesterday, Of anything OF interest Their
was nothing worth reporting at any Of the publ
| Offices.
TIE TEMPERATURES yesterday, as shown by tn
| observations of A. B. Griswold Co., corne
Canal and Royal streets, was as follows: A
A. N. 81 degrees; II N. So P. NJ 81; 81
| M.s4.
The temperature yesterday, as shown by th
thermometer at C. Duhsmel's, III Canal stree
was as follows: At 6 A. N. "a degrees; IL \
| IS; 3P.M. so; p. N. SO.