New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-05
THE COUNTS.
Sixth District COurt-Kule for n Con-
tempt-COhflct of Juri,diction.

1
S. N. Burbank va. Board of Metropolitan
| POlice.-In this case motion was made a
few days ago, to transfer the papers to the
Eighth District Court, and refused by
| Judge Cooley. ThereupOn a suit was
brought in the Eighth District Court, which
WAS reported in the REPUBLICAN OF yester-
day morning.
Yesterday Judge Cooley. en- proprta motu,
entered the following rule for q contempt:
| 1t appearing to the court that the Board
| OF Metropolitan Police. consisting of the fol-
| lowing persons, viz: Oscar J. Dunn, presi-
! dent. William George, Thomas Isabelle, G.
a. Raynal and = Robertson, have fled
| a petition IN the Eighth District Court
of *his parish, through E. Filleul.
their attorney, in suit entitled
Board of Metropolitan Police VS..
S. n. Burbank in which demands are made
of said defendant, Burbank, and orders
asked and obtained from the Judge Of said
court, which demands and orders are III
conflict with and in contempt Of the injunc.
ton issued by this court against the said
Police Board in the writ Of s. \. Burbank
Us. Board Of metropolitan Police" 1t is
ordered that o. j. Dunn, William George,
Thomas Isabelle, C. A. r ynal and -
Robertson, members of the Board Of Metro
politan Police, and E. FiIeul, attorney at
Jaw, show cause on Friday, the sixth of
May. 1870. at 10 o'clock A. ~, why they
should not be punished for q contempt, in
having disobeyed the injunction issued from
this court on the twenty-ftth of October
1869, in the case of S. n. Burbank VS.. Board
OF Metropolitan Police.
Seventh District Court.
E. H. Levy Us. Pike. Lapeyre and Co..
In this case plaintiff brought suit for about
SS000 the alleged value of the contents of a
bank box deposited by him with defendants
as bankers. The box was stolen from the
counter of defendants. The case was tried
Yesterday before jury of merchants. and
they brought in verdict for defendants.
Hays d New, defendants attorneys.
Eighth District Cours.
Board of Directors of Public Schools VS.. |
E. Bermudez ct al.-Joseph Santini, one of |
the defendants in this case, has fled an |
answer, showing that he resigned his posi- |
ton as director in the School Board elk |
months before the institution of this suit. |
John Mckee, of counsel.
Fifth District Court
Judge beaumont has ordered that three |
hundred Jurors be summoned for the present |
jury term of this court.
Before United States Commissioner
Urban.
In the case of the United States against
W. o. Fraser, S. Duncan and j. L. Sprague,
charged with killing sailor named James
W ulLCleS, Oh tue tWenby-uIIu OF december |
last, on board the ship Francis Marion,
during her last voyage from New Orleans to
Liverpool, the testimony was closed Vt ster
lay, and the Commissioner took the matter
Under adyisement.
Eighth District Court.
In the case Of the Metropolitan Police
Board against S. n. Burbank, the Sheriff had
equestered desk at last accounts, supposed
% contain valuable books and papers, but
Is to Mr.. Burbank in person, the Sheriff
eports that he is not TO be found.
The Chattanooga Railroad Case.
In the Eighth District Court, yesterday,
vas called up the Intervention filed by the
ity, through Mr.. Beckwith, in which an
Injunction had been prayed for on the part
# the city against the Chattanooga Rail-
Dad. in the matter Of laying down their
rack upon the leyee.
Mr. BeckWith called the attention of the
curt to the fact that the bonds given by ,
he company were considered Insufficient ,
nd ought TO be tested He wanted to find =
Mt whether the people were actual people {
r not, and whether they had any property
O the State.
He thought the questions involved in the
'sue between the city and the company q
ere OF so momentOus a character that the
curt ought not to refuse ali in unctiOn to 3
rotect the city until the issue could be de- L
ided upon its merits. L
If something was rot done, if the laws of j
le Legislature granting these enormous n
rivileges for eternity to the company was a
} be declared constitutional, then it would
OF be long before every street and square G
1 re city would belong to private parties. G
h did not think, nor did the bar of New a
rleans think that the corporation had 81
nadow of title to the grants claimed under
lie act. He thought the State courts ought A
, afford some relief to the city until the F
upreme Court could pass upon the consti ii
of the act. That if the city could \,
OF protect itself it will fall to the lot Of her q
rivate citizens to do it for her. The city,
owever, in case like this, should bear the 4.
lrden. The city in SO acting might incur ~
rye responsibilities, but she was willing q
incur them. =.
Judge Dibble said he would not issue an -
Junction, the effect of which would be to
)erate in direct conflict with law not yet
,clared unconstitutional.
The court also added that it felt satisfied
e city itself did not care 20 press for the
junction, but it would read the interVen.
On and give decision. -,
Mr.. Beckwth stafed, in reply, that the r.
ty did pot wish the injunction, and moth
g looking to the contrary had ever been
eathed to3nim by the Administrators. His tn
structiOns were still the same as they had FOL
ways been. Al
After some debate between Judge Dibble ~
d Mr.. Beckwith the case went over.