New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-06-21

--'7-%~ THE OoV0EO. A--~----------'
n. c,v,, x IL c.,s ,.s. !, Q. cs..
inlssaeAer UrbaA-axsmlsAlssa ~ q u.
Wsea-Kzpassasaen ~ Judge Disbis.
The examination Of Witnesses in this case
was resumed yesterday. = .sa
Judge Dibbie being recalled made IN exc
ptUnAtiOn as to certain proceedings in the
Eighth District Court The'Judge said:
The rule taken by Mr. Lacey and Mr..
Beckwith against the Slaughterhouse Com.
pany has not yet been decided. The rules
On the day Of the trial Of the rule l stated
that Judge Bradley's decision was very re-
marksble; that in presence OF his acts and
its consequences the interests of the liti.
giants were almost lost sight OF; that its
effect, 1t seemed to me, would change the
relations of the States to the National Gov
eminent in radical degree; that If the
power of . Circuit Court OF the United States
10 interfere in the civil suits before State
courts were conceded, the States wiil indeed
have become mere oOunties. --a-s, s
/ stated furtAer that in view Of the mag
nitude Of the questions involved, l would
withhold my decision till the following
Monday, to-day. p sss-e ,tc
The published statement to the effect that
l threatened to call out the military OF the
State and United States is untrue. ] said
that . law passed BY the Legislature Of
Louisiana had been affirmed as constitu-
tional and valid by the Supreme Court of the
United States: that the original suits upon
which appeals had been taken, had been
transferred to my court and that it was now
my duty to execute the decree of the Su-
preme Court. I think 1 stated that had
granted the Injunction because it seemnd to
me proper and necessary to protect those
whose rights had been affirmed by the Su.
hot ie Avvt ,rvbk
to be performed without regard to conse-
quences; that the judgments of our courts
must be enforced, aud, to that end, all the
power of the State ought to be, and would
be used. That II the State was powerless to
enforce the DEGREES of its judges. it should
appeal to the national government for
assistance, according to law.
In making these statements, I did not
have in mind any probability. or possibility
intended only to express the necessity of
enforcing the laws of the State, and the
judgments of its courts, as against those
who were placing themselves in opposition
to and III defiance of the power OF the State.
At that time had read Judge Bradley's
decision, SO that knew it's import; have
since read it carefully and find my first un.
derstanding of it was correct. Decline to
say whether my opinion differs from Judge
now under consideration In cases before me.
When the Injunction bond was signed !
saw Mr.. Weed, but do not recollect whether
spoke to him or not; certainly not in rela-
ton to the suit.
desire to correct another error made by
the public prints in what I said about Judge
Brsdley's decision. I may have spoken
hastily, and perhaps indistinctly, but the
idea which intended to convey. and think
tho NeNvVit
Court of the United States assumed to inter-
fere with litigation pending in State courts
between parties or corporations domiciled
in the same State, the effect would be to per.
feet revolution in the form Of our govern
ment; that while the political department
Of The government might perfect such q
revolution, the judiciary could not, with
propriety, interpose it's power to that end.
Have known Mr.. Weed for some time well;
have never heard him say whether he had
any stock in the Slaughterhouse Company
or not. Never heard that the Governor had
any. l know that Pratt is President of the
company. Mr.. Weed has never told me that
he was director.
Questioned by Mr.. ". H. Hunt never
stated from the bench that Judge Bradley
had made great fool of himself" Imade
some such remark informally in nv testi'
mony here. but corrected it. l had been
asked whether l had conversed with Mr..
Weed, and stated in substance that had
talked with him and had spoken laughingly
of Judge Bradley's action; l do not think |
used that exact language; was thinking of
Judge Bradley's having first decided that he
had no jurisdiction in the case, and then
having passed on its merits not before him
this Conversation occurred in a street car
correcting his decision; l meant no rehec.
ton upon Judge Bradley. but only intended
to laugh at his haste and oversight. This
was ID car going to dinner.
Mr.. Mckee testified that he was tempo.
rary secretary to the Slsughterhouse Com
pany and did not know that there was any
stock in the name of Mr.. Weed, Mr.. Pratt
or Governor Warmoth on the transfer book.
All the certificates of stock issued during
his hands. and he was sure there were none
in the name of the Governor.
Several other witnesses were examined.
but no testimony of special note was ELECTED.
The evidence was closed and the case will
come up this morning before Judge Durell,
of the United States District Court. on Mr..
Weeds application for writ Of habeas cor.
pus.
Unitsd state. Cire.it Ccart-Judss Du-
The case of the United States VS.. Joe
Salvo, alias Leon, was tried yesterday be-
fore this court under an Indictment for for.
gerry. After a brief absence. the jury re-
turned q verdict of not guilty.
Eighth District Court.
II. s. McComb Va. New Orleans, Jackson
and Great Northern Railroad Company.-In
this case the following order has been en-
tered on the minutes OF the court:
Upon motion of George s. Lacey, Esq,
City Attorney, and upon fling communi-
cation from s. G. Emley, Acting Mayor OF
the city of New Orleans, under date of June
Is. 1870, and the consent of H. s. McComb,
being in court and consenting thereto, it is
ordered that the Intervention filed on the
part of the city on the sixth of April, 1870,
In the above entitled suit, be dismissed at
the cost of the plaintiff.
1t il further ordered, that the entry of
this order, and the dismissal of the inter.
vention, shall not in any way or manner be
treated or regarded as comforting upon the
said McComb any right, title, interest or
claim in or to the stock or subject matter OF
this suit, in whole or in part; the right and
title of said McComb to be determined by
facts disconnected with this order, which Is
to have no other effect than to take the in.
tervention out of court.
It is further ordered that the said Nc
Comb shall have no reclamation IN the way
of damages or otherwise, on account OF the
fling of the petition in reconvention or OBJ
tanning the writ Of injunction, or on &C.
count of obtaining any other wit or pro-
cess. and that H s. McComb pay costs OF
intervention.
The Sheriff will deliver to H. s. McComb,
or his aftornavs of record the stock seQues.