New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-02
THE COURTS.
Eighth District UOurt.

lector for the First District of New Orleans,
by virtue Of an election by the people. Hav-
ing held the Office for many months,
Governor Warmoth appointed George A.
Sheridan to supersede Manan, ABOUT the
fifteenth of April last, writ was brought
to test the right of the parties before this
court and the decision of the court was
against Mahan. He took an appeal and on
the eighteenth of July, the Supreme Court
sitting at Monroe, affirmed the decision
ousting Mahan. He refused to surrender
his office, pleading as an excuse, that he
He asked further time and Judge Emerson,
of the Third District Court, sitting in the
place of Judge Dibble, yesterday decided to
give him ten days to turn over the list OF |
delinquent tax payers to his successor.
For his refusal to surrender the effects OF |
the office, the following rule was yesterday
taken:
On motion ofcounsel for George A. Sheri-
dan. State Tax Collector for the First Dis |
trict of New Orleans, and on showing to |
the court that defendant refuses to obey |
the Judgment herein and the order OF court |
of this State which has been duly served |
upon him, and is in contempt OF tins court,
it is ordered that defendant show cause ON
Saturday, the sixth of August, why he shall
not be punished for contempt OF tRls court.
State On the Relation of +. c. Mahan VS..
State Treasurer-In this case Judge &. NJ.
Emerson, sitting in the Eighth District
Court. Yesterday rendered the following de-
cision:
A peremptory mandamus is demanded,
recurring the State Treasurer to enter upon
his books a credit in favor OF relator OF
$4,000, being the amount OF twenty-Six
warrants drawn and duly authenticated by
the State Auditor and received by the re-
lator for taxes On their reception the col
'lector made the usual and necessary memo
randa upon them in writing, and Cancelled
| them in the customary way. Some time
| since, on examining his warrants, prepara-
| torv to a settlement with the Treasurer, the
relator discovered the warrants IN ques5lon
had been stolen, and that the thief had
effected the robbery bv means OF a false
key to the bank box. =.
| The Treasurer considered himself without
| authority TO credit collectors in any case, I'M
| less the warrants themselves were produced
and delivered to him as vouchers, and there
fore declined to make the entries required
This is substantial to the issue presented oy
| the answer.
The proof fully establishes these facts;
that the warrants were legitimate; were duly
| authenticated and Cancelled; that they
were received by the relator for taxes, and
that they had been stolen, and that efforts
| had been vainly made, by advertisement and
| otherwise. to recover them. 1t was ad-
mitted by the counsel for the state
that the care bestowed by relator
| upon the property entrusted to him
| was that of a prudent administrator. These
warrants were kept i'll a box with lock and
key. which at night were deposited in bank
and during the business hours of the day
was kept in an iron safe. No negligence
could he imputed to the relator.
The warrants represented a portion OF
the State debt, which was extinguished as
soon as they were received tor taxes, and
being Cancelled. they were hOrs dn commerce,
thus placing it beyond the scope OF proba-
biIity. and. | NAV add. possibility, of any
attempt to put them again in circulation.
On their production, had they not been
lost duty would have required the Treas
urer to credit them upon hls BOOKS. nav
inc been lost and authentic evidence beng
impossible to show their amount and verify,
secondary evidence was admissible, and lnl-
,,osed the same duty upon the Treasurer.
The evidence and decree stand to him as
his vouchers. -
For these reasons the relator is entitled
| to relief.
That a pcremptorv mandate Issue to the
Hon Antoine Dubuelet. Treasurer OF the
State of Louisiana. requiring him to credlt
the relator F. G. Mahan, late Tax Collector
in the sum of Sl4, ,497 &C. amount OF twenty
six warrants received by said Nahan fol
State taxes, and by him cancelled. and that
he give the lelator Il certificate to tha'
effect.
The POntchalxrain Railroad Case.
Pontchartrain Railroad Company vs. the
city OF New Orleans ct ais. In this ease the
following order has been issued from the
Eighth District Court. to the various mem
bers of the city government and the Metro
politan police:
You are hereby prohibited and enjoine
! from interfering with disturbing the
| 49,, fPn
causing said company to he disturbed or III
terfered with in the use. possession and en-
iovment of two strips ofland, each eftwelvt
feet in width, constituting the street
. road or walking avenue, which line;
the space of ground reserved by Bernard
Marignv. and known under the Appreciation
/ of the Marigny canal, at the period whei
he established the old and new suburbs
starting from the bend of said canal tt
Levce street and referred to in the ortln
ance of the Council of the city OF New Or
/ leans, approved March Is, 1880; and you arc
, further prohibited and enjOined from inter
| tering with or disturbing the Pontchartrall
Railroad Company or causing SAID company
: to be disturbed or interfered with, in any
, manner, III the use, possession and ENJOY
ment OF the railroad, tracks, depots, eulid
ings and constructions OF and belong
ing to said company, and located, con
structed and being upon salu t"'
strips of land and YOU are further pro
hibited and enjoined from approprlatlng OF
taking possession OF or causing to oe t;tke1
, possession in any manner, OF said two stflp'
of land or any portion thereof; ana you arr
, further prohibited and enjoincd from at
tempting to sell. give to, or confer upon any
. person or corporations said two strips o
land, or the use, possession or eMoyMeii
thereof: and You are further prohibited an'
enioined from doing any act or thing preJu
dicial to the sole and exclusive use, posses
: sion and enjoyment by the said Pontchal
train Railroad Company OF said two strlp
OF land: and YOU are SO prohibited anu Ell
Joined until the further order OF this court
Magistrates Court Of Aigiers.
The following epistle speaks for itself:
ALG1ERs PARISH OF ORLEANS
July 29 1871, .
Fifth Justices Court }
2 To Thomas L. Maxwell, ESQ, or Chief Deputy:
SIR-The constable of the Fifth Justice
/; Court having resigned lis office, ana ina
court being now without any constaple,
; am under the necessity Of applying to yol
in the premises.
The law allows Justices of the Peace
throughout the State TO employ Sherlffs,. o.
!, their deputies, to serve all papers issuin!
from Justices courts | ask, therefore, o
Z you, respectfully, to appoint deputy shef
if to perform the executive duties OF my
| court.
| deem it proper to point out to You th'
absurdity-not to say the impOssibll1ty-
my sending. in the first instance, from Al
giers to the Sheritf's Office. any papers l ma.
be compelled to issue, daily or hourly ah'
then the Sheriff sending his deputy over u
Algiers to serve such papers,
| wish this difficulty obviated by the az
pointment of a deputy; don't care Whe
, | that will remain in or about nv Offlce lfOl