New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-12-20
ORLEANS TUESDAY, DECEMBER TO- 1870
TlIE COURTS.


TlIE COURTS.
United States District Court-Resizna-
ton Of the District Attorney.
Mr.. J. r. Beckwith, United States Dis
trict Attorney for this district, has sent in
fifth OF January next, as the department
may elect.
The reason assigned by Mr.. Beckwith for
his resignation is inadequacy of cOmpensa-
tion, the salary allowed by the government
beiug only 500 year, with some inconsid
cradle pergnisites, which do not justify a
lawyer leaving % large and lucrative prac-
tice III occupying the position.
Eighth District Court.
James Flynn and Edward +. Duffy vs..
the Board Of Metropolitan Police.---ln this
case Judge Dibble has delivered an opinion
substantially rs follows:
Plaintiffs are the proprietors of drinking
house and concert saloon, ut No. 66 st.
Charles street, in this city. They seek the
writ of injunctiOn against defendants to pre-
vent the police from interfering with them.
They represent that they have paid their
taxes, that they conduct their place ia a
peaceable and orderly manner, and are en-
titled to the protection ot the police author
the officers Of the Metropolitan Police have
made wanton and illegal raids upon their
house, arresting its inmates AMI breaking
up their business. They charge that these
acts are without warrant of law, and are
done for the purpose OF eXtOrting money
from them. They aver that they fear that
these ntr,lSions will be repeated, and pray
for an injunction to restrain and prohibit
the police from entering, or interfering or
in I sli in ta ia h.
ment OF plaintiffs, unless in the manner and
under circumstances authorized by law.
The Judge concludes Il lengthy decision
as follows: If police officers violate law
they are subject to arrest and Indictment.
Ii they illegally perpetrate acts from which
damage ensues, they are responsible in a
civil action; they give bond and security.
Here is the remedy and not bv inviting the
court to participation in the direction and
control OF the police power.
There is no cause for Injunction. Order
accordingly.
Eighth District Court.
The Board Of School Directors of the city
| of New Orleans, through w. Van Norden,
President, ~. Thomas w. Conway, State
Superintendent Of Education, and James
Graham, State Auditorium these cases
Judge Dibble has decided in substance as
follows:
This is another feature of the controversy V
between the City Board and ward boards OF
school directors. for the control OF the pub
lie schools in New Orleans.
Five different cases, involving the issues
between these corporations, have already
been before the court; four have been finally
determined, and are before the Supreme
Court on appeal. The first petition was
made in July, 1870, and was an application
Tor the writ of manaamus to compel the
City Board to appoint the ward boards.
The appointments were made, and the suit
was not tried. More recently there arose /.
contest for the immediate and primary con-
troll Of the schools. Counter injunctions
and counter Writs of mandamus were ap-
piled tor. to determine the destination of the
public school money IN the State treasury
to the account of public schools III New Or
leans, and to settle the dispute as to the
right Of supervision, in the first instance
over the schools. These several cases were
carefully prepared and deliberately tried.
The Judge concludes us follows: To me.
personally. this controversy has been very
painful. Heretofore / have forborne to say
anything. Perhaps l ought not to do so
now, but the case is finished. During the
session of the Legislature which passed this
act. attended, and earnestly urged those
charged with the preparation of an ed uca-
tional bill, the necessity of preserving a
uniform school government i'll the city of
New Orleans. | believed then as believe
now, that any attempt to divide the govern
ment of the schools among the wards will
work disastrously. and result i'll the destruc-
ton of the common school system Of the
city. Fifteen boards will have fifteen
systems, instead of one; result, disorder.
disintegration. But the Legislature thought
otherwise, and passed the act as it is.
The way to return to Il uniform system is
j.. Al. l..
the courts to sustain such defiance. but to
seek its amendment. The people had bet
ter be without schools until they can elect a
Legislature which will provide them, than
to have judges who will violate their con-
sciences and sustain disobedience Of law.
Let the injunction be refused, and the pc
tition dismissed at plaintiffs costs.
The City Attorney gave notice that he
would apply for new trial.
Suit for Lost Trunk.--H. L. Saunders,
of Brazos county, State of Texas. has
brought suit in the Seventh D istrict Court,
before Judge COllens, Tor the value of
trunk alleged to have been lost by the Jack
son railroad in December last, while his
daughter was making the trip from New
Orleans to Nashville. Tennessee. The
amount sued for is $472.
S.. The Jefferson City Riots Snits.
Yesterday, in the Eighth District Court.
Judge Dibble Was engaged IN trying
number OF damage suits against the city,
brought bv policemen who were wounded
in the great jefferson City war; incident to
the threads made into that quiet burg by
the Metropolitan Police.
A Supreme Court Eecision.-The Case of
Burnett VIA the state Beard at LiGmida-
tors.
In this case the Supreme Court this
morning delivered decision against the
claim of Burnett. ct al, va. the State Board
OF Liquidators. involving the amount of
S91, CO., III which it was sought to force the
hoard To exchange bonds for warrants Il: i.
certain rate, etc.
Seventh District Court.
Judge Collcus yesterday rendered the
decision:
Barnett & Faley, Executors, vs.. Home
Insurance of New OrIeans.--After n caI eful
review of the testimony i'll this case | am
convinced that, on the whole, il shows u
with the condition prece-
dent and warranty of seawOrthiness. The
insurance was procured for sea voyages
between New Orleans and the coast OF
Texas; but the Selma, the vessel insured,
was u fresh water boat.
She was built for service on inland waters.
and though "a portion Of her guard. were
removed to diminish the danger they would |
cause at sea, yet enough was retained to
leave the sea perils materially greater than
they are i'll seaworthy steamers. am salts |
fed that her hull was unsound; and that i'll |
several respects her form and build Were |
not such as to make her fit to resist the Or |
Il fp ~ W.