New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-09-27
THE COURTS.
Sixth District Court.

Sixth District Court.
B. r. Forman VS.. New Orleans City
Railroad COmpany.-In this case a petition
has been filed, showing that the New Or
leans City Railroad Company is indebted to
the petitioner in the sum of $3.50 for this, to
wit: That in 1860 tho city Of New Orleans,
for the use and benefit Of all present and fu-
ture residents of said city, did make con-
tract with j. B. Slawson, by which it granted
to said Slawson ''the right of way" to run
street ears along and upon Canal street
from the intersection Of Canal and Royal
streets to the Metairie Ridge, and along the
Metairie Road from its intersection with the
New Canal to the bayou bridge at the Bayou
St. John, for twenty years, and as consid-
Grafton or condition Of said right Of way,
upon and through the said public streets of
said city, the said municipal corporation re-
quired and exacted Of the said SlawsOn that
he should run street cars along said streets
at not greater intervals than fifteen min
utes, from daylight until ten o'clock p NJ,
and every thirty minutes from ten P. N. un-
til midnight, and the said Slawson so con-
tracted aud obliged himself so to run street
cars.
That the New Orleans City Railroad Com
pany purchased from said SlawsOn his right
Of way and assumed all his obligations and
liabilities in relation thereto which substi-
tuition was ratified and approved by the city
in 1862, or thereabOuts; that pursuant to
said contract, and for the purpose of doing
business as a common carrier along said
streets, the said company have constructed
a railroad, and announce that they will run
their cars upon the said track for the car
riage of passengers. and have so announced
for more than five years past.
That the said company does not run its
cars with regularity, and at not greater i'll
tervals than every fifteen minutes from day
light until until ten o'clock P. NJ, but that
on portion of their said road, from the in
tersection of White street to the Metairie
road, and from the New Canal to the Bayou
bridge, the cars run with great irregularity,
and often at intervals Of thirty minutes in
the day time, and they frequently run at
intervals Of one hour after ten p. NJ, and
often cease running altogether after that
hour on the section OF their road above
described.
The petitioner shows that he is and has
been daily passenger in the cars of said
company. OH said road, at least twice day,
and invariably paid his fare toride from one
point ON the said road to any other point be-
tween the terIIfini of the road, in accordance
with the rules of the said company, and is
obliged to ride in said ear to and from his
residence OH Murat street. and his office on
Carondelet street, and has SO done for nearly
five years past.
Petitioner AYERS that it is the duty of the
company to carry passengers with dispatch,
and having failed to do SO, they are respOn-
sible in damages. He claims that he has
been damaged in the sum Of $3.50, and for
this amount he claims damages.
Eighth District COurt.
In the matter OF John McGrath, praying
for a writ of mandamus against j. ID. HOus
ton, Assistant Supervisor of Registration.
In this case petition has been filed, in
effect as follows:
Petitioner claims that he was natl,ralized
and became citizen of the United States on
the fourth of June. 1863. That he las ever
since been resident of the city of New Or
leans, and of the Sixth Ward of said city
since the year 1868; that he is not disfran-
chised for any of the causes stated in the
first paragraph of article ninety nine of the
constitution OF this State.
That he is ready and willing to take and
subscribe to the oath that he did not hold
any office. civil or military for one year or
more, under the organization stNed the
Confederate States OF America that he
never acted as leader of guerilla bands
during the late rebellion; that he never, in
the advocacy of treason, wrote or published
sermons during the late rebellion. and that
he never voted for or signed an ordinance
of secession in any State.
Petitioner AYERS that he is Qualified
elector, and that he has been thus d1y regis
tered on the seventh of April, 1868, and on
the second OF October. 1865, but onthe thir-
teenth of September, 1870, he presented
himself at the Office of the Supervisor of
Registration Of the Sixth Ward of the city
of New Orleans. produced his certificate OF
naturalization, and requested to be regis
tered.
That one James D. Houston, the Assistant
Supervisor OF Registration in the said ward,
did then and there maliciously, wDngfully
and illegally refuse to register ysur petit
toner, on the pretended ground that the
Judgment of the United States District
Court, which ordered and adjudsed that
your petitioner be admitted to be citizen
of the United States Of America, was
fraudulently obtained. All OF which will
more fully appear by reference to the an
neXed papers of naturalization, andendOrse
mentS thereon.
Petitioner AYERS that the action of the
said assistant supervisor was arbitrary.
and not authorized by law; that the judg-
ment is in legal form, and, like every other
judgment. is complete evidence OF its own
validity. 4 Peters, 407.
Petitioner AYERS that by the said refusal
he is deprived of his rights as an american
citizen to vote and participate in the ap-
preaching election: that he values the as
sertion of said right at more than i've hun
dred dollars; that the slOwness of ordinary
legal forms is likely to produce such delay
that he could obtain thereby no rdief, and
that the public good and the adninistra-
ton of Justice will suffer from it. And that
he is informed, and verify believes that he
is entitled to a writ of mandamus, to be is
sued by this honorable court, to compel the
said assistant supervisor of registration to
register him as qualified elector.
Petitioner further AYERS that le is in
formed and verify believes that section
of the act entitled An act to
provide for the revision and correction OF
the list of voters, ETC. approved March l6.
1870. which declares the decision o. any su-
pervisOr of registration to be final. and not
subject to any revision or correction by any
parish or district judges. is null, Wid and
unconstitutional, in conflict with article ten
Of the constitution, which provide. THAT
all courts shall be open. and every person
for injury done him in his lands, gods, per
son Or reputation, shall have.adequste rem
edy by due process of law. and Justice ad-
ministercd without denial or unreasonable
delay and also, with article seventT-three,
testHS tile .Juulcl'i power only III oaPioH
Court, in District Courts. in Parish Courts,
and in Justices of the Peace.
Petitioner AYERS that he has annexed the
necessary affidavit. and complied With the
of law to obtain writ OF
mandamus.
Wherefore, petitioner prays, the premises
that writ OF mandamts issue,
directed to James d. Houston, assistant
supervisor OF registration for tie Sixth
Ward of the city of New Orleans, ordering
him to register your petitioner as qualified
elector in the said Sixth Ward. And your
petitioner. reserving all other legal remedies
and actions against the said Houston. as the
case may admit. would respectfully pray
[Or all other and further relief as in duty