New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-08
nyS 3t2do
TO THE TAXPAYERS OF THE
FIRST DISTRICT

TO The TAXPAYERS OF THF
FIRST DISTRICT
OFFICE STATE Tax COLLECTOR,
City of New Orleans, May T. is;o.
Ny attention has been called to the card of Mr.
| George a. Sheridan, published in the Picsyune
| Times and REPUBLICAN of this date in which be
warns all parties Indebted to the State for taxes
licenses not TO pay the same to "F. @. Mahan, who
is Illegally attempting to exercise the duties of the
ONCE OF tax collector Of this district; and further
states in his card that 1.-The Eighth District Court
has Just decided that there is no doubt of his
| tSheridans) rieht il aud to said Office"
1t IS somewhat surprising to me that such an as
serton should be made in view of the actual facts
as published in the papers of yesterday The fol-
lowing quotation will, am of the opinion convince
| any sane person that the assertions made by him
are IN direct opposition the views of the learned
gentleman who ofhciated as Judge during the trial
| OF the case IN the Eighth District Court:
George A. Sheridan vs.. +. C. Mahan"-In this
case, Judge Dibble being Reused, E. O. Billings
Esq, was appointed Judge ad hoe an q has render
ed he following decision:
The plaintiff, Sheridan, alleging that he is the
Collector of Taxes for the First Distr CT brings this
action TO recover 81 90 damages from tie defendant
tMahan) fer trespass upon his tights as slcb cfi-
ctrs ehu 10 elIOln MIN from furt her interfering
herewith.
The only matter now before me is the application
for injunction. To this application the de fendant
tMahan) answers that ne himself is de facto and de
lure the Tax Collector have no doubt that the
defendant (Hshan is eetited to the Office which he
CLAIMS, as ell as to every mandate of this court to
estaolsh ana quiet him IN office, which the form
of action and situation of parties authorized"
From the above, with tho superstition that the
people of this city understand the English IapCuage
as we'll as those of other sections it will be readily
understood who is tbs plaintiff an who the cefend
ant. or, IN other words, who is who and which is
which" 1t is perhaps, true, and from the tore of
the gentlemen card natural to suppose that the
definition of tt words plaintiff and "defeudspt
have been procured by him from some dictionary
which, like other things, have been formed for GER
tain purposes not in kee ping with either Justice or
common sense.
In another portion Of the decision in the above |
case occurs the following:
THE plaintiff, being out OF the Office can not sola
~ enjoin de facto officer from performing the |
duties of the Office for this would leave vacuum in
the machinery of government most detrimental to
the public interests during the tendency of suit
which, at its conclusion, would still leave the in
stament Of the plaintiff unaccompshed.
The application for the iujur ction is refusedo
Which am led to believe does leave doubt as to
bis right in and to said Office.
With all due respect to the gentleman and his |
warning" will state that it is my intention to
carry out to the letter, at once ny notice to all
parties indebted to the State for taxes or licenses
he notices and warnings OF Mr.. Sheridan to the
contrary notHiths landing.
I'm few days" all denquents will find that am
lot illegally acting Tax Collector and am well
thoroughly drilled" and fully eouipped |
WITH bonds and property sufficient for the security
# the State, aud to insure faithful performances
# my duties which will fulfill to the letter of the
aw. The following receipt from A. Hero, Jr, no
airy public and commissioner of Deeds and the &C {
ompanying sworn statement reverse of receipt |
7ill explain my financial condition and show that
he State is secure:
New Orleans, May 2, 1910.
1T. Il. =. Mahaa TO A. Hero, Jr., DR..
SO.
April 20. To cabcelir.y and erasing mortgage
on property on St. Charles street,
between Caiiiope and Clio streets,
to secure all the notes given in pay
Inent thereof by act before me in
heoruary, 1853. from succession Of 4,
hreedioVe ................. 81 GO 4
Received payment,
A. HERO. JR. d
STATE OF LOUISIANA
City OF New Dreams.
/, f. @. Mahan, do solemnly swear that have not
'SA"0SN 'Aio "t'did iueutloDeQ property; tnat n
ave not mortgagsd or hypothetical the same
nee the erasure of the within mortgage and that !
lie same is now subject to other to my know
dgs than the general mortgage in favor Of tt e
tate to secure my duties State Tax Col ector OF
lrst District.
+. @. MAaAN
New Orleans May 7, 1870
sworn and subscril ed before III G to-day l.
A. SHELLEY, 2.
Second Justice Of the Peace.
now for the other side of the picture: "
Section l3 Of the law under which hfr Sheridan 4.
aims to be Tax Collector states THAT the bonds |
zen by said assessors and tax collectors in the
rish Of Orleans 81 all operate as legal NOR gage G.
all lands and real estate OF said assessors and tax
lectors, in favor of tie State for the amount of
cir several bonds and shall be conditioned for the
thtul performance CO their duties as collectors" -
ie question now is, where is the propertz yh;cb |
IL bond the new appointee to The State and be
nditioned for the faithful performance of his in
les as provided? re
With firm viction Ct my right to the Office Ic
which was elected BY TIE PEOPLE nv term of ia
ice to expire next November and confident of 81
wing, thus far, performed my duty. respectfully BI
9 leave to dismiss q. A. S. and is card satisfied
81 no further explain alton is needed TO convpcs |
people that his statements are not in kee,ir,
h the facts
F. G. MAHAN.
State Tax Collector, First District.
nys City of New Orleans.