New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-18
THE COURTS.
Fourth District Court.

Charles Loan Office.r Plaintiff furnished
as his share of the capital, $4,000 of com
mercial paper Of the city, and was to hav'
three-twelfths of the net profits. The es
tablishment did q prosperous business, bu
the partners could not agree, and they dis
solved the partnership.
Plaintiff now sues the defendant for
| balance Of Sl2,95O.
| Eighth District Court.
State ex rel. E. Merle VS.. H. c. Warmoth
| ct al.-This is suit by maadamus to com
| pei the liquidatOrs of the floating debt to pay
| certain certificates of Indebtedness, amount
! ing to 1900, issued by the State AuditO,
| in payment Of the mileage and per diem OF
members of the Legislature.
James Graham, State Auditor, filed an
| exception rs follows:
| Now into court comes James Graham
| State Auditor, and member of the Board OF
LiquidatOrs, and to the mandamus herein
| served upon him, excerpts, and says that
| relatOr's petition sets forth no cause OF ac-
| ton against him, and no cause for the lssu.
anee of the writ of mandamus; and If said
| exception be overruled, then respondent
pleads general denial of the allegations OF
said petition and AYERS that the certIhcates
of Indebtedness alluded to can not be re-
ceived, recognized or paid outsof the funds
arising from the sale or exchange of the
bonds issued under act No. So,
extra session of the Legislature OF
1870, because1 said certificates were
not contracted and adjusted prior to first OF
April, 1870; that the date of the adjust
ment is the date of the certificates, and
that the date thirtieth of March, 1870, in
the body of the certificates, is an error and
inserted inadvertently and falsely, this
respondent having b6 IA misled thereto by
an attestatiOn of the original warrants
upon which said certificates were issued.
That the law will not permit, nor can he be
compelled to issue the warrants prayed for,
or any other warrants for said certificates,
and the remedy of relatOr is to apply to the
Legislature for an appropriation to pay the
same. Wherefore, respondent prays that
the writ Of mandamus be quashed, etc.
The case was argued at length yesterday
by Major John II. New for relator, and j..
P. HOrnor for respondents.
The Court took the case under advise
ment.
The Mount Olive Church Case.
The exciting controversy between Will
liam Peterson and Charles Washington, and
William Of Orange, with regard to the pos
session of the church building in the Sixth
District, known as Mount Olive Church.
was up again in the Eighth District Court.
The usual large attendance of Haunting
feminines of the colOred persuasion crowded
the benches in the lobby, but the examin-
alton of the case had not commenced when
this report closed.
Eighth District Court.
State ex rel George II. Andre Va. H. C..
WarmOth ct al.-In this case the following
petition has been filed:
To the Honorable the Eighth District Court of the
parish OF Orleans:
The State of Louisiana on the relation of
George H. Andre, a resident of New Or
leans, respectfully represents that he is the
holder of the following certificate Of indebt-
edness of the State of Louisiana, issued
and signed by G.. NJ. Wickliffe, then Audi
tor of the State of louisiana for $1,000, is
sued to George H. AIban and A. j. Oliver,
and by them indorsed in the words follow
ing, to wit:
CERTIFICATE OF INDEBTEDNEss-No. 1851.
STATE OF LOUISIANA, }
-. Auditors Office ;
New Orleans August 26, 1870. }
II hereby certify that the State of Louis
lana is indebted to A. Sohnson and George
Alban in the sum of one thousand dollars
and - cents, for work DONE under contract
with commissioners appointed by law, I'M
der act fifty-nine of 1868. as per contract
and certificates ON file in this office: and
that the same were paid in bonds, as pro-
vided by said law, as soon as said bonds
were ready for issuance.
Given under my hand and seal of office
the day and date above written.
$1,000.
(Signed) G. NJ. WICKLIFFE,
Auditor.
Relator represents that said certificate
was issued for debt contracted and adjusted
in due form prior to April |, 1870; that as
such he is entitled to be paid for the same
as part of the floating debt of the State,
no Of nf4 = 4Io
Legislature of Louisiana, approved March
IT, 1870, out of the three millions of bonds
authorized to be issued by the act to pro-
vide for the payment or funding of the
floating debt of the State by issue and sale
or exchange Of State bonds.
That under said act Board of Liquida-
tors is created, charged with the direction
of the funds derived from this issue of
bonds, entirely and exclusively for the pay
ment and redemption of the floating debt
of the State; that said board consists of II.
{. Warmott, Governor; James Graham,
Auditor, and the Citizens Bank, represented
by John G. Gaines, president; that the said
board has received said bonds. and is now
engaged in administering and distributing
the proceeds thereof; that relator has APP
Piled to. said board to have his above de
scribed certificate recognized and paid out
of the proceeds of said bonds, in conformity
same; that the slowness of ordinary legal
proceedings, and the total inadequacy of
any form of action at law, deprive him of
all remedy whatever in the premises, and
that his only recourse is his resort to this
court for the writ of mandamus
The premises considered, relator prays
that a writ OF mandamus issue in the nalne
of the State of Louisiana. directed to H. G..
WarmOth, James Graham and John G..
Gaines, acting for the Citizens Bank as
members of the Board of Liqui |
datOrs of the Floating Debt, ordering them
to admit the certificates of Indebtedness |
hereto annexed as part hcreof-as a part of
the floating debt, and payable out of the |
floating debt liquidation fund, and that |
they pay or direct to be paid in the same |
manner as all other claims and debts of said |
fund are paid or directed to be paid by |
conformity with the provisions OF the act |
No. SO, above recited, the amount of said |
certificate, viz: One thousand dollars, or |
that they show cause to the contrary on |
tuesday, August 2, at ten O'Clock A. M,
and that after due proceedings said writ OF |
nandamus be made peremptory, and TOR
costs, etc.
Judge Emmerson issued the mandamus
United States Commissioners Court.
The Havana Lottery U. s. vs.. A. Richoux,
md U. S. vs.'J. T. ID. eftvbre-Defend 4 lnts I
n these cases were brought before Commits
ioner j. Il. Weller, on a charge of having
old Havana Lottery tickets without max
ng the returns OF gross sales, and without
,aying the tax thereon as prescribed by the
United States internal revenue laws The
ecused waived examination, and were put
nder bonds to appear before the United
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