The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-04-09

the accused consisted in his ejecting Monges from
the car BY force.
Richard Mel Donald, Informed against for stealing
mule worth two hundred eollsrs, the property
OF William Cullinan, was arragnsd and pleaded
In the following cases noue prosequi was On.
tered Mary Ann Moore, charged with assault and
battery on Ellen Smith. W. A. Moore. charged
With sssanlt and battery on Emile Bourges. Mary
"eck. accused Of the larceny of household articles,
valued at ten dollars from the house Of Mrs. Caro-.
me Lamarque, No. zl2 Camp street.
THIRD DIsrRrcr CoURr-Jssdah p. Benjamin
/ us. Aleronder Noston.-In July. 1867. suit was
instituted in The Thid District in behalf OF judah
r Benjamin, secretary of war of the late Con
f7derate States, for the recovery Of large fee
ON Alexander Norton for legal services rendered
py Benjamin Micou, in q suit entered in the
United states Court In 1858, for said Norton, and
successfully prosecuted for his benefit through the
District and Circuit courts. Mr.. Ben;amin's claim
wss made in his own behalf and in behalf Of the
heirs of bis deceased partner, Mr.. Mcou. The
amount claimed was $500 and twenty per cent
upon the judgment obtained, which was FOR sl09.-
800. The whole claim, therefore, was t22.10O.
In November, 1867, peremptory exception was
fled BY defendant. the ground that plaintiff had
no right to institute an action. either for himself,
conrt, and was dsbArrcdfxom hi1ne hesr5 kooanrn
he was !" IN unpardoned rebel apd 3 pnbIic
enemy, !" and was disfranchlssd from the exsrcise
u any clsh nghts ~ tu0 laws OF congress a0d
In behalf Of plaintin, il was admitted that he
had been secretary Of war Of the Confederate
States government. and that he had resided abroad
since the termination Of the war. M
Judge Emerson has decided In favor Of defendant,
and dismissed the suit In the reasons given for
his judgment maintaining the exception. he ssys
The national government had the right aud
power 10 enact laws confscating the property
Of the insurgents and II bad the same right and
power to prescribe their civil status. 1t has done
20 in an act entitled IAN sctto suppress insur-
rection, approved July 17th 1882" -
For plaintiff Campbell, spoford Il Campbell
For defendsni-Sullivan, Billings Hughes.
THIRD DISTRICT CouRr The Mayor com.
md'1ded to sign Contract, schich he refused to
sign.- On the 9th June 1867, contract for clean
ing and repairing the improved streets OF the.
First Ward for three years, was awarded to J. j.
0'Hara, for the sum Of sl4 500. The adjudfca-
tion was approved by the Common Council. The
contract was drawn up by the city notary aud
signed by O'Hara and his securities, bat the
mayor refused to sign 1t, and O'Hara applied to
this courtfor mandamus, which was issued.
The mayor, answering plaintiff, held that special
order No. l22, issued by General Sheridan on the
2lst August last. required him to withhold his
signature from the contract and that under the
reconstruction acts the civil tribunals we're bound
to respect such orders. The order referred to was
as follows: atd .fIttt .lI'
The Common Council of the city of New Or
leans, on the 25th June last having, notwithstand
ing the veto of the mayor of said city. passed
resolutions directing said mayor to execute the
following contracts (Here follows list of
0'Hara.) -ff
"And said contracts being, 1t is believed. frau.
dnlent in design and injurious to the best interests
OF the city, the same are hereby declared TO be
null and void. and the city Of New Orleans is
hereby released from any obligation resulting
from the passage OF the aforesaid resolutions.
For the plaintiff, IL was commended that General
Sheridan exceeded his powers in this order, and
that his orders, no more than legislative enact
ment. could not have retroactive effect. a35s
The case has been brought to a close by Judge
Emerson ordering peremptory mandamus To
issue, commanding the mayor to sign the contract
The court, IN the reasons for Judgment filed. OBJ
serves:
Whether the commanding general acted within
o beyond bis powers, as laid down 10 the recon.
sLuction act, is question which am not called
upon to decide, and which can legitimately arise
y In suit against the city to enforce the agree
ment- ar lrr - t-r...l -. - Z.
The writ of mandsmus and the order under
the same confer no rights. They merely place
the relator In position 10 contest or enforce his
rights, il be has any. The notarial evidence Of
the contract is the monument to his title, and,
without it, it would be difficult If not impossible
either to act or to institute any proceedings
against the city for the purpose OF trying his
title. II Is just, therefore, that the contract
should be signed, more especially as some weeks
interviewed after the adjudication and before the
release was ordered. During that interval, ct
least, the contract remained uurevoked, and was
valid, unless the order can be construed as having
retroactive effect" -
The contracts sought to be annulIed by General
sheridsn's order were contracts sold upder the
authority Of the Common Council elected by the
people. and removed by General Sheridan, aud
the approvals Of the adjudcations were vetoed
by the mayor, but were passed again over his
vetos
For relator, Judge Alexander walker: for re-
spondent, Judge A. N. Buchanan, city attorney. !.
q. 8. CrBcurr CouRr-The Frs. National
Bank Of Neu Orleans IN Chancey-A. Tezria
q Co., Bauer et ois., Creditors Of the First Ma
tionai Bank of Nc,o Orleans Us. Hon. Charles
Case, receirer, Hon. II. Il. Huribwd, controller
Of The currency, et dls.-In this case bill In
equity was yesterday filed on behalf OF the de-
postors and other creditors of the bank, by their
solicitors Messrs. Campbell, Spohord and Camp
bell, and Henry B. Kelly. contesting claims and
priorities asserted on behalf of the Cove nment
upon the assets Of the bank by the officers OF the
{ essury department to the amount Of nearly half
million Of dollars, TO which extent the govern
ment seeks to reimburse itself out Of the assets
Of the bank, under transfers and assignments from
7. p. May, at one time president of the bank, for
a defsication OF bis as assistant treasurer OF the
United States at New Orleans Of over million Of
dollars. II the creditors succeed in their present
suit 1t will largely increase, and 1t Is hoped will
expedite the dividends coming to the unfortunate
depositors.
REcoRDKR GAsrREL's CoURr.-George Bailey,
colored, caught stealing meat in the Beet Market,
early yesterday morning, was brought before the
recorder and committed to the Workhouse for
Eve days.
Joseph Boursey. found concealed in a house on
Rsmpsrt street, st hslfpast 8 in the morning,
where he had neither business nor residence ., was
cent to the workhouse for ninety days, in default