New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-06

ney General-This case came up for argu-
ment yesterday before Judge Emerson, on
q rule taken ON defendant to show Cause why
he should not be punished for contempt Of
this Court. The rule was taken by Mr. j.
@. A. Fellows and Judge j. B. Cotton, in the
interest of the ''Butchers' Benevolent Asso-
citation" and the Live Stock Dealers and
Butchers Association y as opposed to the
Crescent City Live Stock Landing and
SlaughterhOuse Company"
1t appears that this suit was commenced
OH the twenty-ninth Of August 1869, by
writ of injunction, in which defendant, as
the chief Law officer of the State, was en-
ioined by the plaintiff, CHARLES Cayaroc, not
to take any legal proceedings in his capacity
of Attorney General to enforce act No H8
of the acts Of 1869, commonly known as the
slaughterhOuse law, whereby Charles Cava-
roc should be restrained from erecting
buildings as slaughterhouses ON tract of
land below the United States barracks, partly
in the parish Of. Orleans and partly in St
Bernard, and known as the Delery planta-
ton. In plain terms, the object OF the in
junction BY Mr.. CavarOc was to e1join the
Attorney General from enjoining him.
After the decision of the Supreme
Court of louisiana affirming the consti-
tutionalityE Of the law establishing the
SlaughterhO,,se Company, the defendant
took q rule in the Eighth District Court, in
the case Of 8. Belden, Attorney General,
against William Pagan and other butchers,
who had established themselyesT in the
butchering business at the Cavaroc Slaugh.
terhouse, to show cause why they should
not be punished by fine and imprisonment
for carving ON such business, in defiance
of an injunction from the Fifth District
Court, which had been made absolute and
affirmed by the Supreme Court. -,--
This Injunction was made absolute by
Judge Dibble on the second instant, and
the civil Sheriff Of the parish Of Orleans
was ordered to prevent the butchers from
carrying on the business of butohering at
the Cayaroc place.. Now come Messrs. Eel
lows and Cotton into the Third District Court
Judge Emerson, and say that the injunc-
ton in the Third District Court, instituted
on the the twenty-ninth Of August, 1869, Is
still pending. First, because the act Of the
Legislature, creating the Eighth District
Court. did not transfer this case from the
Third to the Eighth Court, because
the law referred to only trans
ferred irjunct cases already, pending
District Courts, excluding by implication
those pending in the Third District Court
They, the attorneys, contend that this case
is still pending in the Third District Court,
because it was not expressly transferred
bye the act of the Legislature, and has not
been decided by the court in which it Origi-
mated, nor by the supreme Court OF the
State. They contend that it was not EN-
braced by the written argument entered
into by the opposing attorneys relative to
the six slaughterhOuse cases already de-
cided by the Supreme Court of the State.
They contend that the injunction herein
sued out is still an Injunction, and that the
Attorney General is in contempt by in
stituting legal proceedings against the
butchers while the order of injunction Is
unreversed. - -., ...
Mr.. Fellows made argument in support of
the rule. in which he took occasion to charge
the opposing counsel with unprofessional
conduct. -
Mr.. William H. Hunt, in reply, said that
when he wanted to know what the law was,
he would seek the knowledge from source
more competent to instruct him than the
counsellor, and when professional honor and
gentlemanly courtesy were to be learned, he
would seek it least Of all from Mr.. Fellows.
At this point Mr.. Fellows seized his hat and
was making broad strides for the door, when
Mr.. Hunt said he hoped the gentleman
would not leave until he could reply-but
Mr. Fellows precipitated his retreat, and
when last seen,s was going through the
continuing, said that the fleeing counsel,
like the Parthian hOrseman had shot his last
arrow and fled the scene of conflict Mr..
Hunt made an address of half an hour, in
which he reviewed the principal features
in the Slaughterhouse controversy, and was
followed by the Attorney General, in which
he took the ground that his official action
could not be construed into contempt.
Judge j. b. Cotton will conclude the argu-
ment in support of the rule this morning.
Fourth District COart---Death Of its Clerk.
BY dispatch to Judge Theard, we learn
that Colonel Joseph HanlOn, late Clerk Of
in Virginia, on Sunday, the third instant
Colonel HanlOn has been lingering for many
months. and his death was not unexpected
by his numerous friends. se'