New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-31
THE COURTS.
Pontchartrain Railroad Case.

Pontchartrain Railroad Company vs.. city
Of New Orleans.
In pursuance of an act OF the Legislature,
passed at its last session. it appears that the
Chattanooga Railroad Company proceeded
to lay down a track on the lower strip OF
land, twelve feet wide, bordering the track
of the Pontchartrain Railroad, which that
company claims to have derived from
Bernard Marigny. The plaintiff yesterday
filed petition in the Eighth District Court,
for an injunction restraining the city OF
New Orleans, through the Mayor and its
officers from doing any act tending to DIS
tllrb the railroad company IN the enjoy
ment of said strip of land or the strip on
the upper side of the road. The object ap-
pears to be to prevent the city authorities
from making deeds to the Chattanooga
Railroad of these two strips until after the
final determination Of the suit now pending,
relative to the title to the land. Judge
Emerson granted the injunction, fixing the
bond at $500.
The Magazine Street Railroad Case.
In the matter of the motion for a rehear
ing of the order Of Judge Dibble, seQues-
tering the road and appointing }. w. Hill
man receiver, Judge Emerson yesterday
overruled the motion, and the receiver
takes possession.
Eighth District Court--The Floating Debt.
State ex rel A. +. Demarest VS.. H. c.
Warmoth, Governor, ct al.-ln this case re-
lator AYERS that he is holder of seven GER
tificates of Indebtedness OF one thousand
dollars each, issued to A. }. Oliver and
George Alban. and by them indOrSed, IN the
words following. to-wlt:
Certificate of Indebtedness. State Of
Louisiana Auditors office, New Orleans,
August %, 1865
No -. l hereby certify that the State OF
al.
George Alban in the sum of one thousand
dollars, for work done under contract with
the commissioners appointed by law, under
act No 80, of 1863 as per contract and GER
titcates on file in this office, and that the
same will be paid in bonds, as provided by
said law. as soon as said bonds are ready
for issuance.
Given under my hand and seal of Office
this day and date above written
One thousand dollars.
Auditor.
Relator represents that these certificates
were issued for debts contracted and ad
.iusted in due form, prior to April l 1869;
that he is entitled to be paid for the same as
a part of the floating debt OF the State,
under the provisions Of the act No e. OF
the Legislature Of March 16, 1870, out of
the $4,000. 900 of bonds authorized to be
issued by that act: to provide for the pay
ment or funding of the floating debt of the
State; by the issue and sale, or exchange, OF
State bonds.
Under said act Board of Liquidation is
created, charged with the direction of the
fund derived from the issue of bonds, en-
trely and exclusively for the redemption
and payment of the floating debt OF the
State. The board consists of H. c. War
moth, Governor James Graham, Auditor,
and the Citizens Bank, represented by John
G. Gaines President.
Petitioner alleges that the Board has re-
ceived the bonds and is now employed in
ADMINISTERING and distributing the proceeds
thereof.
Petitioner has applied to the Board to
have his certificates of Indebtedness recog-
nized and paid out Of the bonds, and their
payment has been refused. He asks for a
writ of mandamus, which has been made
returnable on Tuesday, the second Of Au-
gust.
The Ship Island Canal Case.
This case came up for argument in the
Eighth District Court, Judge c. M. Emer-
son, of the Third District Court, presiding
in the absence OF Judge H. G. Dibble. Inc
question before the court was, whether 1nere
was any law authorizing the interchange OF
judges, and whether the case could pe ap-
pealed to the Supreme Court OF the state.
Mr.. George S. Lacey, City Attorney con-
tended:
l. That the repeating clause OF Rays
Revised Statutes did not expressly or I'M
pliedly repeal the act of the Legislature,
author authorizing the Judge of the Third Di,-
trict CCmrf to preside n the Eighth District
Court, in the absences of the judge of the
last mentioned court.
,. That the repeating clause of Rays
| Revised Statutes, if interpreted as repeal
ing the act authorizing one judge to preside
in the absence o. OF another p! Is uneonstlta- 1a
| in the title of the law.
8. That an appeal is allowed by the con-
stitution in all cases involving over $500,
| and that the court is without jurisdiction or
authority to deny such appeal.
After further argument on the part of the
Canal Company, Judge Emerson took the
matter under advisement.