New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-17
THE COURTs.


,
John Spalding va. J. J. Kreider ct ALL
this case, plaintiff yesterday filed .peti
ton. in which he states that at riot insti
gated by the defendants, which took plac
in the city Of Jefferson, now the Sixth Dis
trict of The city of New Orleans, on tn
eighteenth Of May, 1869, he received sho
in the right leg, which made amputatiol
necessary, and that he has been damaged
thereby TO the extent of $50 600. He &C
cuses J. J. Kreider, who was then Mayor o.
jefferson City, and ]. Q. A. Fellows
william A. Shropshire, John A. Meyers
Jacob BenniDg, John Ulmer, Felix LARA
William Bohenfosher, James Simpson and
John Behan, members of the City Council
with having instigated the riot, and makei
them parties defendant i'll the suit. Frank
n. Butler, Of counsel.
Michael Butler VS.. City Of New Orleans
This is suit for $500. Plaintiff alleg rs thai
he was wounded at the riot which took place
in the city of jefferson, on the eighteenth
| of May, 1869, from which he suffered dam
ages TO the above amount. A. p. Field, O
| counsel
b. Rox Warner VS.. Mary Ann Hinckley
his Wite.--ln this case, wherein plaintIf
sues for divorce. Judge Cooley presided
| yesterday in the absence Of Judge Dibbe
A. P. Field, attorney for the defense, stated
that he had an important case in another
| court, and the case was continued.
Sixth District Court.
s. N. Burbank vs.. Board of Metropolitan
Police--In this case Judge Cooley yesterday
rendered the following decision;
| After examining the law in relation to the
| power Of the Board of Metropolitan Police
/ TO remove the Treasurer L lind that the
Board has the right under the law, for DISC
bedlence OF orders, misconduct, misbeha-
vior or neglect of duty. to fine, imprisOn or
dismiss from The force Chat is the express
sion), any member thereof. Now when it
speaks of ''the force" the law does not con-
template the Treasurer Of the Metropolitan
Board as one of ''the force" because the
law specially provides that the Treasurer
shall be one of the members of the board
itself, and 1t conters specially upon the
Treasurer, and on him only, the power to
remove any of the Commissioners.
The treasurer holds his Office simply as a
member of the board. and unless the party
who attempts to remove him, AS member Of
the board. he has not the power to remove
him as treasurer.
1t appears to me the rule where one power
is included. all other powers are excluded,
is applicibl to this case. Where power is
given 10 the board TO remove in certain cases
by implication, that power is denied in all
other cases. The injunction in this case is
maintained.
Suit Under She Civil Rights Bill.
Louis D. Larrien VS.. T. Dumonteil.-This
case was called for trial yesterday in the
Fourth District Court before Judge Theard
II is alleged in plaintiffs petition, filed on
the twenty-elghth OF January, 1870, that at
the corner OF Bourbon and Canal streets,
petitioner called at the confectionery store
and soda shop of F. Dumonteil, the owner
and proprietor thereof, duly licensed by the
laws of the State to keep the same. and re-
quested Of the servants and agents of the
said establishment to be served and sup
piled with refreshments that were kept in
said establishment by said Dumonteil.
Petitioner AYERS that he offered to pay the !
usual and customary price for the refresh |
ments SO called for by him; that he was |
orderly and respectful in his conduct, man |
ner and behavior while in said store; that |
said Dumonteil, his agents and servants,
then and there wrongfuIly and Intentionally |
refused to furnish petitioner the refresh
nents 80 called for and demanded, because
petitioner was a colored person, and order
I'd him to leave the establishment.
Petitioner further AYERS. that under the
avs and constitution of this State he I'd
he right, together with others of whatso.
,ver class or color, of access to said estab
and to be supplied with such
as said Dumonteil had in his
for sale. and was then being
OlO Dy MN 10 others.
Petitioner further AYERS that the only
round on which the said agents and SER
ANTS Of the said Dumonteil refused to fur
lish him with the refreshments, was that
he was cOlOred man and not to be accom-.
L odated in that establishment.
And petitioner further charges that by
eason of the acts complained of, he was
,reatly outraged in his feelings, aud SUE
aimed damages to the amount of $4,000. For
his amount he asks judgment. He further
SKIS that Judgment be rendered agains,
he State and city to keep such establish.
nent to be forfeited. He asked for trial
y jury.
The counsel for plaintiff were Simeon Bel
en-, Attorney General, A. P. Field, and E.
illeul. A. A. Atocha and Hornor & Bene- 1
ct appeared for the defense.
After considerable delay jury, consist
lg OF five colored and seven white men,
AS empaDeIled. The testimony on the part
the plaintiff was concluded and the case &
ontinued until this morning, at ten O'Clock.
Tho Slang hterhouse Cases.
The attorneys for the Butchers Bene.
olent Association, yesterday morning, filed
the Supreme Court the writs of error and
lpersedeas as granted by Judge Bradley IN {
e slaughterhOuse cases, and the bonds
gned by the sureties on which the writs 6
ere obtained.
Sixth District Court.
Judge Cooley, of the Sixth District Court, I
sterday morning delivered an opinion in b
e case of j. NJ. Hoyle vs.. the City Railroad t
'mpany, in which the plaintiff sought to )
join the defendants from laying double 4
ack road upon the roadbeds on each side of
nal street, from Claiborne street to the n
etairie ridge. The company we're pro- a
eding to lay their tracks in pursuance to Fl
ordinance of the City Council, and the c
cision of Judge Cooley makes the injunc- ii
n perpetual. 1t is understood that the $
Sc will be appealed to the Supreme Court. !!