New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-06

ORLEANS, SATURDAY, AUGUST 1870
THE COURTS.
Seventh District Cou,.t

| seventh District Court.
jackson Il Anderson VS.. United Stat,
ana west India Fresh Meat and Fruit Con
pany-Ihis is writ by attachment fl
SloV, belng bill for salt furnished the con
pany, to be used in connection with ice, j
preserving meats on board the steamshi
Fire Fly, employed in bringing fresh mea
and tsh from ROckport, in Texas, to th
city: Notice of the attachment was serve
on General Bl1sxton Bragg, president OF th
Fresh Neat Company, and placed in til
hands OF the Sheriff, to be executed b
seizure OF the steamship Fire Fly.
Eighth District Court.
State ex rel. f. Merle vs. H. c. Warmot
ct al-The relator in this case represent
that he is the holder and owner of two ce,
titicates of Indebtedness for $4,000 an,
20.00O. respectively. issued bv James Ora
ham, State Auditor, in favor J. Pinckne,
Smith, warrant clerk. for the mileage an1
per diem of the members of the Senate ant
House OF Representatives of the State o.
Louisiana. and that said notes were con
tracted and adjusted prior 10 the first oi
AprH, 1870. and are entitled to be paid out
OF the floating debt liquidation fund, in
accordance with act No SO. of the extra
session Of the Legislature of 1870, entitled
AN act to provide for the payment of the
foatlng debt of the State by the issue and
saIe or exchange OF state bOnuS.
Reiator represents that II. c. Warmoth,
Governor of the State; James Graham,
Auditor. and John G. Gaines, president of
the Citizens Bank, which is Fiscal Agent of
the State. are the iquidators and admins
traitors under said act, TO carry the same
into execution, and they refuse to recognize
the right of relator to be paid out of the
proceeds OF the bonds sold under the law
mentioned. for the reason that his certifi-
Gates Of Indebtedness are dated April 4,
1870.
Now. relator represents that the indebted
ness acknowledged by said certificates was
contracted and adjusted on the thirtieth of
March. 1870. as appears from their face, and
that the insertion of date subsequent to
the first OF April. was either made mad
yertentiy. or If Intentionally. can not preiu-
dice his right under the provisions of the
act quoted. he represents that he has no
remedy except by the writ of mandamus to
compel said members of the Board of Liuui-
tatols TO acknowledge and receive the Ger
tlfcates referred to, as entitled to be paid
Dut of the proceeds of the bonds issued as
aforesaid. He asks that writ OF man
iamus issue to the defendants in their min
sterial capacity, commanding them to
comply with MS demand.
The writ was issued by order of Judge
tminerson. retlrnable on Wednesday next.
he tenth of August
sixth District Court.
Suit against the city. Claim for over
iS1 ,OO0.-A. w. BoswOrth ct al. vs.. city of
>ew Orleans.-ln this case A. w. Bosworth.
iabriel DeFerict, Eugene Wacgaman.
William McCulloch, Thomas Mcknight,
larry T. Hays and Francis II. Hatch. claim
rom the city So .5S3 33, with interest from
ldicial demand.
Petitioners allege that on or about the
lnrty-tirst of July, 1868. the city commits
toned them to take charge OF. superintend
nd manage the City Waterworks.
Petitioners, for their convenience in the
lspatch OF said business immediately pro-
eeded to organize themselves into board,
nd chose A. w. BosVorth president thereof.
They continued to perform the labors |
lus required OF them. to administer and |
lrect the affairs of the Waterworks for the |
.rln OF twenty months. or until the present |
ty charter went into operation
In addition to the labOrs above set forth,
were required by the city to
feet a settlement with the Commercial
ank, growing out of the purchase of said
'aterwOrks, and to adjust the accounts
I'd liabilities existing between the bank
I'd the city, the latter having previously
ade arrangements to purchase the Water
Drks, according to the provisions of the
arter OF the bank, for the sum of s. 600. 900
city bonds.
The bank claimed the whole amount of
G bonds, and the claim was resisted by
e petitioners. in behalf of the city. on the
ound that large deductions should be
ide in favor of the city, thus leading to a
ry difficult, labOriOus and responsible ne
tiation, resulting in favor Of the city. re-
cling the demand of the bank to 81 .393.-
AZ, instead of s2,OOO,OOO, originally ,
lined by the bank.
Petitioners allege that their services in the ,
ter transaction were worth two and a .
f per cent on the S2,OOO,0OO. making the ,,
d of $4,000. or s7l42 s. due to each of
seven claimants.
he petitioners further allege that for >
vices in managing, directing and super 4
ending the affairs of tie Waterworks thev . .
entitled to be paid salaries at the rate .
5000 a year to BOswOrth. as President. !,
90 TO each of the other petitioners.
y ask judgment against the city for the g.
600, apportioned among claimants as h
ows: y
o A. W. Bosworth, $l5,i76 Is: to Eu- ~
e Waggaman, Sll .392 So. and to each Of h
five other claimants, sl2.l42 81. Il