New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-10-30
THE COURTS.
Fourth District Court-Africnn Methodist
Church Controversy.

Fourth District COurt-African Methodist
Church Controversy.
The African Methodist Episcopal Church,
inrorporateti under the laws OF the State,
Draws for an injunction in this court, under
the following circumstances:
The petition alleges that the property OF
that CORPORATION, situated III the Second DIS
trict, consisting of two lots fronting on Der
biony street, between CustOmhcuse ana
Bienyille streets has been seized in, a pre-
vious suit. entitled w. b. Sorley Charles
Heath, subr0gee), VS.. the African 1lethotii't
Episc0pal Church and others, ana adVer-
tised for sale under foreclosure OF mort
gage.
That the parties who assumed to execute
such MOI gage, viz: J. i. Berry. Ad"lphe
Zenar and Jacob Moragcr, were without
legal authority, whether individuality, or as
they claimed to he, as incorporators OF tho
church That these three. first named,
were made incorporators originally, Us
mere agents. and at II period when protec,
ton could only be given to the members OF
the congregation tneariy all OF whom were
slaves. by constituting the trlumvlrate as
lwho were free1 their agents, by act OF IN
CORPORATION. That such agency extended
no further than to the administration OF the
church's affairs Ill such manner as to secure
protection for the congregation.
y
for the payment of the property III question
was paid by the congregation; and not by
the agents. and that previously to the eX-
eclItion OF the mortgage aforesaid, their
agency had entirely ceased.
1t is further alleged that these self-as-
sumed agents encountered the property OF
the church az related, obtained the money
Hereunder for their personal benefit, not
caring what injury might be inflicted on
~, al, and Jat r3
spent it for their individual beneft and
pleasure OF the pleasure and benefit oil
people out Of the chUrch's pale.
The petition also alleges and expects TO
show that.the triumvirate with the subro-
gee Of w. Il. Sorley, namely, Charles Heath
and Others. - force a sale of the property
in question ION their nefarious note and
mortgage transaction thereby deprivlng
the church and its congregation of then
property. which they have toiied long amt
hard to pa fo-. That these fraudulent
transactions. and the seizure and adver-
Using FOR sale of the property have caused
damage to the amount of at least Slooo,
and that neither the church nor the con
gregation is in any manner bound tor the
payment OF the mortgage sued on.
The court is therefore petitiOned to issue
a perpetual Injunction to the triumvirate,
the subrogec. Charles Heath and others,pro-
hibiting them from selling, and decreclng
the church and congregation to be III no
manner responsible for the mortgage. con
demnins the triumyirate and the subrogce
to paw $1,000 damages, interest and costs OF
SHIT.
sixth District Court.
Ernest Merle vs.. Antoine Dubuclet ct al.
! In this case petition has been filed sub
| stantialiy as follows:
| Ernest Merle respectfully represents that
| Antoine Dubuclet. Tony Laton and Roman
| Bruo;cr are indebted III solidO 10 petitioner
| in tie sum of five hundred dollars, with
| legal interest, for this: That petitioner Is
| the holder of certain STATE warrants drawn
| by James Graham, State Auditor, on An
! tome Dubuclet. State Treasurer, VIZ:
amounting 10 $3.50.
| Represents that on the morning of Oct0-
! Der IL, 1870 there WAS deposited IN the
! State treasury by q State Tax Collector, to
the credit Of the general fund. the sum OF
| Si293: that previous TO said payment into
the treasury, and immediately thereupon
| and thereafter plaintiff demanded payment
of the warrants aforesaid. and was assured.
in manifest pervcrsion OF the truth and III
violation Of all probability, there was no
money il Tie treasury.
Represents that the information had
hardly been conveyed 10 him by the Treas
urer when. Oh the application of certain
official, the sum of $3.50 was paid on a war
rant purporting to be his salary warrant,
ont OF the empty treasury. Represents
| thar this palpable disregard of his duty as
a public officer to pay warrant properly
presented, has not even the excuse OF the
| pleasant fiction 50 frequently offered to ap
| plicants that certain sums OF money must
be reserved FOR the payment of the salaries
OF The judges Of the State
For the reason that the following sums
have been paid into the State treasury since
October /. 1870: October |, 5000 81; Octo-
Der 3, $40 ~; October 4, S92l5 so; October
$. $1,000; October 6, $l3.2O4 October II
Sill $50; October 10, Sl293. Total Sac, 635 %
Represents that the warrants fOr the pay
mcnt of Judges salaries have been issued
by the State Auditor for the quarter ending
September 80, 1870. only to the extent o.
$50, 600, and yet the State Treasurer claims
the right from views of his powers peculiar
to himself, to hold $4,000 more in reserve
for the payment of judges salaries, never
to be presented.
Represents that by this unlawful conduct
petitioner has suffered damages to tho
amount of $500, for which sum said Dubu
clrt and the sureties on his official bond. Ton!
Lafon and Roman Bru3ier. are liable IN sol
ido Petitioner prays that Antoine Dubu
buclet. Tony LatoD and Roman Brugier b.
condemned IN solido to pay petitioner tn
sum of $500 with legal interest from judiciis
| ut,udllu, cOSlS VI sui anu StItldl 'itIlCi
| Eighth District Court.
After the calling of cases in the Eight
District Court came up the case ii wliicl
some one hundred and fifty policemen ar
suing through their attorneys for a percent
are upon their salaries. under the law of tn
Legislature allowing percentage III CERTAIN
| cases.
The police board. it appears. rejects mos
\ = oil Of ,.'a or
that they do not come within the provision
of the law or belong to the exception
rather-that is, they have not either servc'
six months, or they have been discharge,
for incompetency, etc.
However this may be, the number abOv
stated have, through Messrs. Deuncc 4
Belden, their attorneys, fled the petition
above alluded to, having apparently swor
10 and signed the same i'll good faith.
, would appear. however, as there were s
many to sign and be sworn, that the attOl
news had the signing done i'll their office
| and subsequently submitted the whOi
batch to the deputy clerk of the Eighth DIE
trict Court. who, upon the representation {
J the attorneys, filed in the date, the twentl
second instant, and made everything a
, regular as though the parties had then
selves appeared IN prOprjo peTS0n0.
, Mr.. Beckwith. the wary and watchf1
attorney Of the police board. upon rlInnin
his eye over the list of the alleged claimant
| discovered that one Of them, who had thu
. apparently signc,i on the twenty-second il
slant had died on the twenty-tirst instan
. and had been buried upon the twent1
second, the very day upon which he wa
made to appear III court, and swear an
sign.
: This was too good an opportunity to
, lost, and Mr.. Beckwith at once sat dow
,, and drew up the following witty. answe