New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-06-24
THE COUNTS.
The Slaughterhouse Case-The 1n3unc-
lion te be Enforced.


The Slaughterhouse Case-The Injunc-
lion te be Enforced.
State ex rel Attorney General vs.. William
Pagan and others.-The rule to show cause
why execution should not issue under the
Judgment herein rendered against defendant
| by the Fifth District Court and affirmed by
the Supreme Court, came up for trial yester-
day morning.
Mr.. ]. Q. A. Fellows read an exception,
protesting against the jurisdiction OF this
court to proceed herein. The said defen-
| dants, by their counsel, come aud decline
the jurisdiction of the Eighth District
Court in this cause, because they say that
| heretofore, on the eleventh of May, 1870.
| this cause was pending in the ST.
preme Court of the State, and final
| Judgment was rendered on the eleventh of
May, 1870.
That Immediately upon the rendition Of
| that judgment defendants sued out a writ
Of error to the Supreme Court of the United
States, under the twenty.fifth section OF the
| judiciary act of 1889, and by the authority
and allowance of the Hon. J. P. Bradley,
| one of the Justices of the said Supreme
Court of the United States. That the said
| Justice signed the requisite citations, and
that said writ operated as supersedeas.
Judge Dibble held that preliminary in
junction can still be enforced until the final
| decision of the Supreme Court. The rule
| must be dismissed and the injunction en-
| forced.
The gist of the decision is that the writ of
error operated as supersedeas. so rs to
suspend the execution OF the judgment OF
the Fifth District Court as affirmed by
the Supreme Court OF the State. and
that the original Injunction should con-
tinue in force for the protection OF the re-
coGnized rights of the Slaughterhouse Com
pany, until the Supreme Court OF the United
States has finally disposed of the question.
Shortly after this decision the Attorney
General fled the following rule for con-
tempt:
State VS.. William Pagan ct al.-On mo-
ton of s. Belden, Attorney General OF the
State of Louisiana, and on suggesting to the
court that on the twenty -seventh OF July,
1867, the State of Louisiana, by said Attor-
ney General instituted suit by Injunction
No. s09, in the Third District Court for the
parish Of Orleans, and now No. liz on the
docket of this said court, against Paul Es-
teben, Louis Rusch. and John Pierre
Rouede, William Maiey, Soloman Flnberg,
Barthelmy Beaubay, William Pagan, Joseph
Daniel Broderick, Nicols siebel, Martin
dan T. Aycock, Dominique Bergess
and Charles Cavaroc, enjoining, and
restraining them from leasing the tract
of land known as the Delerey plantation, be.
longing to said Charles Cavaroc, located and
described in said suit by Injunction, and
from using the same for the purposes OF the
"Live Stock Dealers and Butchers Associa-
tion," pretended corporation, composed
of all the above named persons, except the
said Charles Cavaroc. owner of said Delerey
plantation, and individually and in their
said corporate capacity, from erecting any
docks, ways, wharves, landings, yards.
pens. stables and other Enclosures for the
landing, receiving. stabliDg, yardlng, keep
ing and preserving any beef cattle. cows,
sheep, swine, or other animals designed for
food in the parishes of Orleans, st. Bernard
and Jefferson, and from Strengthening any
beeves, cattle, sheep, swine or any other
animals intended for food in the markets OF
the parishes of Orleans, Jefferson and st.
Bernard.
The State, by the Attorney General as
aforesaid, suggests that said Injunction IS
stll in force and operation against all OF
said defendants above named.
Now the State, as aforesaid, further sug-
gests that Notwithstanding said injunction.
prohibiting and restraining them as atore-
said, they have erected docks, ways, land
ings, yards, Ipens, stables, buildings and
other Enclosures for the landing, keeping,
stabling and yarding OF cattle, cows, sheep,
swine and other animals intended for human
food in said parishes. and have slaug Uttered,
and are now slaughtering the animals as
aforesaid, in the parishes aforesaid, all in
violation of the Injunction aforesaid, and III
contempt of the authority and orders OF this
court and with the malicious and studied
purpose of disregarding the mandate of this
honorable court, as herein complained OF.
It is therefore ordered that the parties
above named. do show cause on the twenty.
seventh of June, why they should not be
punished for contempt. by fine and I'M
prisOnment, to the end that this Injunction
be enforced and the authority Of the law
maintained.
Seventh District Court.
H.C. Millaudon VS.. Mrs. Widow Carson.
This case was tried yesterday before jury,
and verdict rendered in favor of the plain
tiff for $4,000. less Sl06 AZ paid to q. W..
Carson, with eight per cent interest from
maturity until paid.
The Civil Rights Case.
In the United States Circuit Court yester-
day, the case of G. A. Weed, applying for 8
writ of habeas corpus, was argued by Judge
John A. Campbell for the prosecution, and
BY Hon. Christian Roselius for the defense.
The case was continued over until this
morning.
Eighth District Court.
The case of o. c. Blandin.-In this case,
wherein there is contest for office, and an
appeal has been asked for, returnable at
Monroe, Judge J. B. Cotton contended that
all appeals in cases arising in the parish of
Orleans should be made returable to the
Supreme Court at New Orleans. The court
decided that the appeal should be made
returnable at Monroe, and it was SO ord cred
Last Sunday was scorching day in New
York. The thermometer at three o'clock r.
M. stood at lis in the sun, and 80 in the