New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-06-28
THE OOURTS.
Tho Slauehtorhouse Case-The IRlunc-
tion Alalntalned-The bond Increas ased
to 82S, 900.


Tho SlauehtOrhouse Case-The Inlanc-
tion lainsained-The Bond Increased
to SsS 5000.
Crescent City Slaughterhouese Company
vs.. Board of Metropolitan Police.-In this
case, on a ruloto set aside the injunction,
Judge Dibble decided yesterday, that under
the equity powers of the court. he had
right to issue the injunction, and it would
therefore be maintained. He also held that
the bond given by the plaintiffs was insuff-
cient, and that they must give bond in the
full sum OF $500
The State ex rel. Attorney General vs.
William Pagan, Charles Cavaroc ct al.-This
case, in which defendents were epjoined and
ordered to execute the injunction from the
Fifth District Court, under which meat
killed at the Cavaroc Slaughterhouse was
seized by the Metropolitan Police, came up
for trial yesterday on rule against the de-
fendents t. show cause why they should not
be fined and Imprisoned for q contempt in
continuing to slaughter at the Cavaroc plan
tation animals for human food, in defiance
of the said Injunction.
Judge Cotton, on the part of respondents,
stated that these WAS an injunction now
Emmerson) filed on the twenty-ninth of
AUGUST, 1869, in case entitled ''Charles
Cavaroc VS.. the city of New Orleans" in
which defendants were enjoiued not to in
terfere with Mr.. Charles Csvaroc in the
erection of slaughterhouses at the Cavaroc
plantation.
Judge Cotton contended that this suit
was still pending. Judge Dibble said the
case was dead under the law creating the
Eighth District Court. He also said that he
must decide the question upon the iujunc-
ton which had been affirmed by the 6u
preme Court. In this case the Injunction
of the Fifth District Court had been affirmed.
and the Injunction still stands. He said he
had nothing to do with the case in the
Seventh District Court, Of the Butchers
Association against Governor Warmoth and
the Attorney General. and it Judge Cotton
chose he might apply to Judge Coliens to
have the Governor and Attorney General
punished for contempt of the authority of
that court.
Judge Dibble said, in reference to the in
junction. if it should be found, after srgu-
ment, that the Injunction of the Fifth Dis
trict Court was not suspended by the writ
of error to the Supreme Court of the United
States, he should direct the Sheriff tc exc
cute it, as affirmed by the Supreme Court
of the State.
Judge J. B. Cotton urged that the injunc.
ton against the butchers at the Cavaroc
should not be enforced on the alleged ground
that there was an agreement between the
attorneys to the effect that the decision Of
the six cases in which the butchers and the
Slaughterhouse COMPANY were concerned,
was to be governed by the decision in the
case at the bar. The following is copy of
that argument:
Live Stock Dealers and Butchers Aesocla-
ton vs.. Crescent Livestock Landing and
-. &c
Lerehy agreed that the following cases in
volving the rights of the Crescent Live
Stock Company. namely: The Butchers
Benevolent Association VS.. the Crescent
City Live Stock Landing, No. -, Sixth Dis
trict Court; Imbau, Aycock & Co. vs. the
same ct al, No. 1887, Seventh District Court;
the same vs. the same, No. 1888; the same, VS..
the same, 5s5. Fifth District Court; the same
vs.. the steamer B. L. Hodge; State of Lonisi-
ana VS.. William Pagan ct al, shall be taken
up, tried and submitted at the same time
upon the pleadings and admissions on file,
and the evidence to be taken upon the ques-
tion Of the compliance of the Slaughter
house Company, on the first of June. 1869,
with the provisions of the fourth sec
tion OF article No. 118. of acts of
1869, the evidence to be taken in the case
No. 1885, Seventh District Court and the
taken in that case to be used 10
the other cases above designated. That the
Court in these several cases, are to main
tain the exceptions or reject the testi-
mony, as the case may be. as to the bribery,
corruption, ETC., Of the Legislature on the
objections of the attorneys of the Crescent
City Live Stock Landing and Slaughter
house Company; the other side in each case
taking bills of exception in each case to
such rulings of the court; the case to be de-
cided pro formd and signed as soon as posi-
Bile. and appeals taken in each party cast on
motion. and on giving bonds for costs with
out citation or other notice, returDable to
the Supreme Court as soon as possible, and
to be fled together, in the meantime pro-
ceedings in all other cases in which
the Crescent City Live Stock Landing and
Slaughterhouse Company are engaged or
as against any of the other parties.
either as plaintiffs or defendants, in these
six suits, are stayed until the final decision
OF these suits in the Supreme Court of the
State of Louisiana, and to abide the result
so far as applicable to the final decision of
any or all of the six cases herein named.
mitted to the Supreme Court on brief, or
argued orally, together, if possible, as soon
as the same shall be allowed by the Supreme
Court, either party to use or refer to any
part of any of the six records in either OF
the six cases.
This agreement to be fled in No. 1883 of
the Seventh District Court, New Orleans,
December 9, 1869.
Witnesses were introduced to show that
this agreement had reference to a final de-
cision in the Supreme Court of the United
States.
Mr.. Aycock, sworn, said: About the time
of the institution of this suit had various
with the Attorney General
about the Slaughterhouse controversy. He
has told me on various occasions that he
was sorry he ever had anything to do with
it. He has also told me that he would not
bother with the erection of our buildings;
also, has told me that he was enjoined not
to do SO by the Third District Court. He
said he never had bothered US. This con-
versation took place last summer. After the
Of the Live Stock Dealers Asso-
ciation, their object WAS to erect buildings
for slaughtering at the Cavaroc place.
The injunction by the Slaughterhouse
Company stopped US. Last summer, at
various times after the injunction from the
Third District Court, the Attorney General
said that that stopped him from proceeding
s sgsnss dsposea ahs davAF0f paee prspeed this MS
to the butchers. After
this interview we went ON and built.
We bought the tract of land at the Delery
plantation, and expended large sums of
money. They were working on Saturday in
the erection of buildings. The Live Stock
Dealers and Butchers Association and Mr.
Charles Cavaroc prochased this place for the
purpose of erecting slaughterhouses. They
purchased this property in February, 1867,
aud ceased entirely building after the suit
of the Saughterhouse Company. l con-
strued the Attorney Generals auswers in
that conversation to be an sxpress agree
ment. He thought he should eventually
lose the suit. ..sss.
J. q. A. Fellows. sworn, said that an
Agreement - sntered into betwsen~ llr.