The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-02-19
Jnral tSntfligsi.re.

Richardson filed petition against Patrick
O'Hsrs, State senator, and j. Pinckney Smith,
warrant clerk of the legislature for 1907 so, on
the ground that 'Hara sold his per diem as sena-
tor to plaintiff, giving him order on said Smith,
as warrant clerk, for sllO. which he left with
Smith.
That, some time thereafter, said O'Hsra went
to said warrant clerk and asked to see the order
under pretense that he wished to refresh his
memory as to its terms, and that soon as he OBJ
tanned it he put the same In his pocket and at the
same time forbade said warrant clerk to issue any
warrants 10 petitioner, and carried away and re-
tans said instrument of writing. And said o. Hara
refuses to refund said 1907 so to petitioner any
part thereof, and refuses to give any other order
therefor.
That OHara is utterly and entirely irresponsible
pecuniarily, and committed said acts with design
and intent to defraud and wrong petit
That. p. Smith intends and threatens to issue
TO said O'Hsra the warrants Aforesaid, and unless
restrained and epiosed from so doing, great and
irrepsrsble injury will result to petitioner. And
said 0'Hars intends and threatens 10 demand and
receive said warrants, and II he gets hold OF them
will be whSy O I wsSS s%sdy s % e e vSuv
irresponsible.
Wherefore petitioner asks for citation. and for
Injunction forbiddng O'Hara to demand or re-
ceive said warrants or any part thereof, and said
Smith to issue the same to any other than petit
toner; but that the latter be ordered to issue the
warrants ia petitioner.
On the 9th January O'Hsra excepted to plain.
-
dant, OHars, is a senator in the Legisatureof the
state of Louisiana from the parish of Terrebonne.
resides in said parish, and cannot be sued IN any
other parish than the place of his domcil, and is
now serving his term In the Senate that is now IN
session. q AS senator he is entitled to his salary
and pay under The constitution, and said salary or
pay ia not subject to garnishment, or any other
process of court by which he, defendant, could be
divested of his own individual (sac) to demand
bis warrant for his pay the SAID warrant (sSc)
could not by law issue his warrant to any person
except the member entitled 10 issue. No direc-
ton or authority 10 the warrant CLERK would have
authorized him 70 issue said warrant to said plain
tiff. g. The warrant clerk should only issue war
rants to members, and saioswarrants would be otno
value in the hands OF third parties unless indorsed
10y the party to whom issued 4. Said petition
contains no cause of action. S. Injunction is not
the proper remedy.
wherefore defendants pray that his (Sic) ex-
ceptiOn be sustained, the Injunction dissolved,
wish twenty per cent. damages, fifty dollars coun.
sci fees and costs.
The document sued on is as follows:
"NEw ORLEANS, January IL, 1869.
~. Pinckney Smith. warrant clerk sfthe Senate:
"You will please deliver to J. B. Richardson
warrant for the sum OF four hundred and ten dol.
lars, on my pay per diem as member of the
Senate this session, this shall be your receipt
for the same, aud he is authorized TO receipt IN
- ~ "PA1R1cK O'HARA.
'Msjor Oliver
"Deor Sir-You viii not issue to J. 3. Richard
son until you get further orders in writing from
''PArRIcK o'HARAu
On the 29th Jauua-y the warrant clerk. Mr..
Smith. ore Of the defendants. made answer that
before acting on the order, 1t was cOunterms aded,
a. the order itself shows; that h few days after
wards plaintiff and o HGra came TO Major Oliver,
the assistant warrant clerk, in presence of res
pondent and ssked for the original warrant,
accused plaintii of an attempt to swindls and de-
fraud him by tearing from the bottom OF The
order IN agreement, OF the character OF which
respondent knows nothing. and thereupon put the
ORDER in his pocket, observing thas he would set
| tie the same according TO the dictates Of his
own Judgment and of Justice" After which war
rants were regularly Issued to 0'Hare up 70 date
| of service Of this injunction.
therefore prsys to be hence dismissed with
costs.
Affidavit made to the truth of the respondents
statement.
Yesterday Judge Cooley rendered the following
decision: After hearing plesdings and counsel,
the court considering the law to be in favor of the
defendant, Patrick O'Hsre and against the plain.
tf II is ordered that the exception fled by said
defendant in the point of nonresidence in this
perish be maintained and the suit dismissed as to
said defendant, Patrick O'Hara.
Ard the court considering further that the law
and evidence are IN favor OF pieinuh ana against
| the defendant, J. Pinckney Smith, it Is ordered
that there De lQ0Qment Ia faVOr OF plalntiH aud
against said Smith warrant clerk of the General
Assembly of the State of Louisiana; that said
| defendant, in his capacity aforenamed, be en-.
Joined and prohibited from issuing to Patrick
| 0'Eara, State senator and member of the
present Legislature OF the State of Louisiana the
l warrants mentioned in plaintiffs petition that
said defendant, j. Pinckney Smith, as warrant
| clerk aforesaid, he and be is hereby commanded
to issue plaintiff variants in the name of Pat
| rick 0'Hsrs, as senator AFORESAID, 10 the amount
| of $40 OF to pay to plaintiff out of any moneys
| which may come into his (defeDdsnts) hands,
| belonging TO O'Hera, the aforesaid sum Of s4l0,
and that plaintiff pay costs.
THE NEW TURNER'S HALL-The magnificent edi.
fee which, just completed, towers above It's
prsaSs- ~f be formally ;nsagSTatsd on
/ Monday next (WashiDgton's Birthday The
1urngemeinde will assemble at their old hall, on
the corner of Customhouse and Galvez streets, az
| nine O'Clock A. IL, and after short parade
/ through few Of the principal streets, viii term
/ nate their march ct the new building, in season
/ for the ceremonies, which will begin at eleven
O'Clock, and will consist Of Eusc Dy Jaeger's Or.
cheetra, singing. aud addresses Dy distinguished
| speakers The building committee will please &C.
| cept our acknowledgements for an invitation to
| be present.
| GENERAL SHERMAN AND PARTY have not yet re-
turned from their trip TO the state Seminary near
Alexandra. As their next destination ia st Louis,
some doubt exists here whether they may not take
passage at Red River lending upon some upward
bound boat, thereby obviating the necessity of a
| return hither.
MAYOR CONWAY has appointed Messrs. l.. A..
Wilt, G.. n. Phillips, c. w. Culbertson, Walter
| II. Rogers and Geo. Cronsn. directors Of the
| Lyceum and Library Association, and yesterday
| forwarded them their commissions.
| A DIAMOND SCARF PIs, valued at $50. which
| was lost on New Years day by the proprietor Of
| 4 grocery store at the corner Of Rampant and
| Common streets, was yesterday, by singular good
| fortune, found by Special Officer Goewey. and
| was promptly returned by the original finder to
| its owner. 1t was in the possession of gentle
man whose little son had picked It up on the
| street.
ADMITTED TO BAU.-Mr. J. p. Rondeau, Of this
| city, who shot and wounded Mr.. W. A. Davis, of
| Csddo parish in a duel, Wednesday morning. the
| facts Of when have been reported, was yesterday
admitted TO bail in the sum of $500, Mr. Davis's
| wound not being considered mortal. Il is to be
hoped in the interest of all concerned in the affair
| that he will recover.
| DEATH OF CoLLYs.-Mr. John Collins first
-.c< 10 oNa C%rv Ia rrto