New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-19

Allen, in the words following, to wit:
CERTIFICATE OF INDEBTEDNESS.
STATE OF LOUISIANA,
Auditors Office, August rs, 1863. )
No. -. hereby certify that the State of
Louisiana is indebted to A. j. Oliver and
George Allen, in the sum of $1,000, for
work done and under contract with the
commissioners appointed by law under act
SO of 1868, as per contract and certificates
on file in this Office, in bonds, as provided
by. law, and that the same will be paid as
soon as an appropriation is made by the
Legislature for that purpose, and as soon as
said bonds are ready for issuance.
Given under my hand and seal Of office
the day and date above written.
$4,000 G. NJ. WICKLIFFE, Auditor.
Petitioner AYERS that said certificates
were issued for debts contracted and ad-
iusted in due form prior to April l, 1870;
That as tuch he is entitled to be paid for the
same as part Of the floating debt OF the
State, under the provisions of the act No. 69
Of the Legislature of March Is, 1870, out OF
the ten millions of bonds authorized to be
issued by said 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. Relator AYERS that under said
charged with the direction of the
fund derived from this issue OF
bonds. solely and exclusively for the pay
ment and redemption of the floating debt OF
the State; that said board consists of H. G.
Warmoth, Governor, James Graham,
Auditor, and the Citizens Bank, represented
by John G. Gaines, President; that said
board has received said bonds, and is now
engaged in administering and distributing
he has applied to the board to have his said
certificates of Indebtedness recognized and
paid, and has been refused. He therefore
asked for an alternative mandamus. which
was issued by Judge Dibble.
Thereupon A. J. Oliver and George Allen
filed petition of intervention, as follows:
Now come the inteYvenors herein and lille
petition wherein they claim that the certlf-
Gates of Indebtedness for $4,000 above de-
scribed. are their property They aver that
said ceytificates of Indebtedness represent
a certain Indebtedness of the State of Lou
isiana, provided for specially by an act OF
the General Assembly Of the State, num-
bered fifty-nine, Of the acts OF 1888, entitled
"an act to provide for the improvement
of the navigation Of Red river" under the
provisions of which act petitioners became
contractors for the work therein set forth
and are entitled to receive the bonds OF the
State provided for by said act.
Petitioners further show that the prayer
of the said George H. Andree, will involve
direct violation of the act fifty-nine,
hereinbefore referred to-; that they are the
owners of the bonds and entitled to receive
the same. They ask that the prayer of the
said George A. Andree be denied and dis
missed with costs.
The case came up for trial yesterday,
when. after hearing the pleadings and the
evidence, the considering the law and the
evidence to be in favor of the relator, it
was ordered that the mandamus be made
peremptory, and that the board of liquida-
tors Of the floating debt Of the State are
hereby ordered to direct the payment OF the
certificates herewith filed out of the float
ing debt liquidation fund now in their
hands, conformably with the provisions of
the act No. SO of the Legislature of Louisi-
ana, approved sixteenth March, 1870, and
that respondents pay costs.
Judgment rendered and signed July, 1870.
HENRY C. DIBBLE, Judge.
The ship Island Canal Case---Decision of
Judge Dibble--The City Authorities
ordered to endorse the $4,000 of
eight per cent Bonds.
State of Louisiana ex rel. New Orleans
and Ship Island Canal Company VS.. city OF
New Orleans Alfred Shaw and John s.
Walton, Administrators. this case Judge
Dibble of the Eighth District Court, this
morning rendered decision it favor of the
relatOr. The following is the decree OF the
court:
1t is therefore ordered, adjudged and de-
creed that the mandamus be made peremp-
tory, and that the city Of New Orleans,
through Benjamin F. Flanders, Mayor, be
commanded to cause to be endorsed by
| such officer or officers as he may designate
for that purpose, by the said city govern
ment, copy of the ordinance adopted by
the council of the city of jefferson, on the
eighth day of November, 1869, and entitled
IAN ordinance designating the route OF a
| lateral branch of the New Orleans and Ship
Island Canal, extending from the main
| canal, to point at or near the Mississippi
river in the parish Of jefferson, and to ena
BILE the city Of Jefferson to use the same fol
drainage purposes upon the backs 81
four hundred mortgage bonds Of said
| canal company. 1t is further ordered that
| said respondent pay costs.
| State ex rel Francois Feray VS.. Hugh j
Campbell.-In this case Judge Dibble dis
| charged the mandamus asked for by the
| relatOr.
| Louisiana State Lottery Company vs.
R. Richo,fx ct al.-In this case Judge Dibblt
ordered that the writs of injunction issue az
prayed for, plaintiff giving bond in the sun
| of $1,000.