New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-24
THE COU RTS.
The zach e,p Railroad Case.

HIS. McComb VS.. Jackson Railrosd.-This
great case, which has created no little eX-
citement aud occupied the attention OF
Judge clerks and lawyers for the last Two
weeks, was argued Yesterday in the Elghlh
District Court, end Judge Dibble reserved
his decision. His opinion Will probaoiy oe
delivered on Monday.
Eighth Hfstrlct Court.
The Ship Island Canal Company VS.. the
Drainage Commissioners.-The following
petition was filed in the Eighth District
Court yesterday:
State of Louisiana, ex rel. John Lock-
wood vs, N. e. Baily aud Moses E4stman-
To the Hon. the Judge of the Eighth Dis
trict Court, Parish OF Orleans:
John Lockwood, Acting President OF the
New Orleans and Ship Island Company, re-
spectfully shows: That. by virtue of act
number four, of the Legislature OF
Louisiana, approved March l6, 1870.
the Commissioners of Drainage of the
First, Second and Third Drainage Dis
tricts, created by the act Of March 49, 1853,
whose Offices were diseolved by the act OF
1870, are required 20 tprn over to relator all
the maus. plans, tabIeauX, books, moneys,
credits, deeds NOR. cages, and all other eVl-
dences of title to real estate, and ail dredge
boats, draining machines, engines, build
Jugs and ali property under control OF SAID
commissioners; represents that said com-
missioners are required to make an exhibit
to said cOrpor ration, of all their accounts
and transactions, whenever the presideat OF
the corporation shall execute bond iE the
sum of SIS, Coo approved by the Governor
of the State of Louisiana; represents that
George f. Brott, President of said corpora
ton, has duly executed bond in the aiore-
said sum. approved by the Governor, and
has made proper demand OF the aforesaid
Commissioners for the delivery TO him,
the said Brott, of the books, maps,
etc; has shown to said Commis.
sioners his compliance with the law,
lslt the Commissioners OF the First
and Second Draining Districts refuse
to comply with the law, aud decline to turn
over TO said corporation the aforesaid prop
erty; that the Commissioner OF the Ihlrd
Drainage District has discharged his duty
in the premises, and has delivered 10 said
corporation all that the law requires, rep
resents that until said corporation is put
| in possession of the books. maps, plans,
tableaUx and other property of said drain
ing districts, he can not proceed with the
work for which it was organized, and great
public injury will result, and deQial OF JUS
tice if relator should be obliged to have
recourse to the ordinary forms of legal
procedure, that afford no adequate
remedy, and that his only resource,
| representing said corporation, IS IN
the writ of mandamus, TO compel
the commissioners 10 discharge the nliniste-
rial duties imposed on them by law, and to
make delivery to the relator of the property
appertainirg 10 the First and Second Drain
age Districts. Relator prays for writ of
mandamus, directing N. E. Bayley, presi-
dent OF the First Drainage District, and
Messrs. Eastman. OF the Second Drainage
District, to deliver up the property herein
| before specified.
Judge Dibble issued the manGamus, d.
recting the defendants to comply with the
demand of the relator, or show cause TO the
contrary on Tuesday, the tWeEty-siEth OF
April, 1870. Hays 4 New, OF counsel tor
relasor