New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-19
THE COURTS.
Suit for Danes Res.

fled petition before Judge - for
,679 Is, as damages incurred by beng
knocked down by a mule and street car
owned by the New Orleans and Carroilton
Railroad.
He alleges that about the twenty first OF
January last he was crossing the street at
the corner of Delord and Carondelet, from
the Mayti0wer coffee house, in the dlrectlon
of the drug store on the diagonal corner,
and when near the railrosd track. IN the
usual path of loot passengers, the car
No. 7, and the mule attached
thereto, came along from the direction
of Canal street at an usual rate OF speed,
and just before reaching the spot where the
petitioner was the mule 'shied off, to the
right, struck him, drew him on to
the track, stamped, kicked, bruised and
mutllated his hands and arms. aud
otherwise injured and crushed bis
body ard limbs. After falling upon thei
track, the Car ran over him, as alleged, COM
pressed his chest and mashed his ribs to
such an extent as to make him a miserable
cripple for lie. He asks Judgment for tie
amount above stated. Cotton u Levy OF
counsel.
United States Circuit COtxt-Judge W.
II. Woods.
The Grand Jury yesterday brought in
bill OF Indictment against Thomas n. Bel
leue, for having in his possession cancelled
internal revenue stamps The prisoner was
arrested at Shreveport, and, it is alleged,
that he had done quite thriving trade in
the way of selling Cancelled whisky stamps
The CatahOuIa Vendetia-Arrested for
Murder.
On the tenth of March last al affidavit
was made before United States Commits
sioner D. Urban, at his office, in the Gus
tomhouse in this city, by Cuthbert B. Jones,
charging that Oh the twenty eighth OF Feb
ruary Volney Lddeli and Wade Young had
proceeded to the house of the Sheriff, at
Harrisonburg. in CatahOula parish, aud
there killed and murdered Charles Jones,
the father of atfianr, and his brother, Will
liam Jones. they then being in the custody
of the Sheriff as prisoners.
The accused, Volney Liddell and Wade
Young, were yesterday arrested in this city,
taken before Commissioner Urban and were
by him committed to jail to await al exam-
ina.lon.
Grand Jury.
The Grasd Jury in the United States Cir
cult Court were yesterday discharged until
Tuesday, the twenty fourth instant.
Seventh Di.trict Court.
The Pontchartrain Railroad Company VS..
the New Orleans and Chattanooga Railroad
Compauy.-fn this case Judge Collens has
rendered the following important decision:
case the defendants have obtained from the
Eighth District Court another Injunction,
enabling them to do acts they were forbid
den to commit.
Pains have been taken to bring this coul-
ter process of the Eighth District Court to
the notice of this court, as will be seen by
the paper put on file today.
The Eighth District Court claims exclu-
sive jurisdiction of cases in the nature of
IL, md hnr 10 N
prehend that should this court assert con-
current jurisdiction, a conflict would arise.
In that event the Sheriff and the parties
would find themselves bUtfeted between
contrary wrts, and obliged at their peril to
decide Alright which to obey; and even q
right and lawful choice would not protect
them for the time being against imprison-
ments and fires for contempts for doing
what one judge permits while the other for
bids.
A war OF writs Of imprisonment and of
habeas corpus would doubtless arise, and
the parties and officers would find them
selves ground between the upper and neither
stone.
Such contest could only destroy the con-
fidence the people should have that in obey
ing the process OF courts they will be pro-
tected, and that they can not resist process
without mourning merlted penalty. 1t
would destroy the authority and dignity OF
the judiciary, and bring it by its own act
into ridcule and contempt.
Even on the merits, If | were to perpetuate
the ipjunctions issued from this court, and
the Judge of the Eighth District Court were
to perpetuate the one he has allowed the
parties, then two contrary judgments, from
which the parties might not choose to ap
peal, would exist, so that, even on eXecu-
tions, the question of rightful jurisdiction,
ratione mdterid, would rise again, and so on
Intern nably. producing the same distract
ing chaos and 1isparaglDg contention.
| regard it as duty | owe to the State
and to the high character of the Judicial
functions l am entrusted with. not to give
rise 70 such collisions, such uncertainty and
confusion, or such dishonor Of judicial au-
thority; and therefore, before deciding the
rule tried and submitted to me in this case,
/ will await the order of the Supreme
Court. That tribunal alone can settle the
difficulty between two equal tribunals.
Hence, considering the case of the Mobile
and Chattanooga Railroad Company VS.. city
Of New Orleans and others, now pending IN
the Eighth District Court, and the act OF the
Legislature creating said court, refuse to
decide the issues already tried herein, or to
hear, try or decide their case on the merits.
or to allow any further proceedings therein.
After JUdge CollenS had announced his
decision, john Finny, Esq, of the firm OF
Lea. Finny & Miller, asked for a certified
cosy thereof, with view to applying to
the Supreme Court for mardamus, having
for its object a decision.by that court, VII ch
will settle the vexed question whether the
Eighth District Court has exclusive jurls'
diction in cases of injunction.
The ship Island Canal Controversy.
John Lockwood and the Ship Island
Canal Company vs.. the Drainage C0mmis-
cio no cit nf
leans. through its attorney, George s. La.
Cey, Esq., has iDtervened, in pursuance OF
instructions from the City Council.
The petition sets out by alleging that the
city is the owner of certain landed property
within the three drainage districts, in the
pleading5 filed in this cause, and has been
assessed in the said districts to an amount
exceeding three or four hundred thousand
dollars, and that for large portion of such
assessments judgments have been rendered
against the said city. That the amounts to
be paid by your petitioner, by way of assess
ments and otherwise, under the laws organ
iZing the said drainage districts and estab-
fishing system of drainage, are to be held
and kept and, specially applied, for the benefit
Of petitioners and any other person whose
properly is assessed to the drainage OF his
or their property. That petitioner has a
vested legal right in said assessment and
funds, of which he can not be constitution
ally deprived by any act of the State OF
Louisiana or by the exercise OF any other
power, etc.
Supreme Court of Louislana.
The members of this court are busily en-
gagged in making up their decisions, to be
read on Monday next, and is is surmised that
they will make clean sweep OF the cases
noybefore them.
Suit Under tho Civil Rights Bill.
In the case OF Louis D. Larieu, suing F.