New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-09
a. NEW ORLEANS SATURDAY,


stitute. such suitD In the name OF the Stsse3
incur RUG costs IS Il necessary lnclGeHt.
'.hink, too, that the clause IL the appro-
piI Gtlcn bill r8Eerred to was intenItd 10
co ger eUch cases, and if the OIL q costs
W As properly tired il would be MS d2ty 10
warrant on the fund for such COSTS until
The amount should be exhausted. Br5t the
Attorney General has appeared IL these pro.
ceedirgs tor The Auditor respondent. and
a.!ezees tha. the costs taxed are excessive,
and generally denies that costs nave oeen
incurred.
Ey immer2orial usage, the court IN which
q syit is depending, has the exclusive power
o%s1 terminlDg the costs &2d fees OF US c'erk.
"a this cssa there is nothing before the court
toehow what costs are due the relstor, unless
should pass upon evidence which should
',se subr.itted to the Judge o. tire court IL
which the suits have been brought, t-
zyhich costs are claimed. There. and rat
acre, TIE dispute as 70 tae number OF SUES
unsettled should be determined
1t woHld seem from the retlrn OF there
sponGeut signed by the Attorney General.
that these costs should be taxed cOntrad1c-
torNy with the State. such proceedings
must cake place before the Fourth District
Court aforesaid.
IRE effect OF making tnig writ perernptory
would be to render money Judgement
against the State. This extraordinary and
. 10 fo~ that purpose.
It's therefore ordered G1lat the applcation
for sperenpt0ry W.. Q. nandanls be
! refg3ed.
firss Iscs-t-G Court
-Etate vs. Johu +. Aoga-d-Thl3 Case
cones up to-day, one motion to G*ash for
! itS rlnality the f0llo9ing Indictment found
! by the Grand, against John B. howard,
! attorney at law. s.. Charles street:
,1eT -Tpst Ind q
J trict-paCish OF Orleans, FIRST District
! Court FOR the parish Of Crieans.- The Grand
! Jcrors of the State Of Louisisna, duly i'm
| nanneled and sworn il and l0r tho body OF
| tie parish OF ORR sa9, i'll the name and by
The authority Of said State, upon their oath,
resent: That oee-John B. Howard, late OF
| the parish Of 0rlesns, on the twenty second
! day OF September, ii the year Of our Lord
/ one thousand eight hundred and aixty-nine,
| IN the parish of Grlesps aforesaid, and with
/ n the Jurisdiction OF the First District
Court for the parish of Orleans, wickedly
and maIiCioUsiy. intending 20 defraud
! the State OF Aouisiaua. came before
IS. c. Davis, Esq' being S;sh saeh an and
/ trict Court for the parish Of Orleans, and
| then ana there ,as such Depaty Clerk as
aforesaid), having competent power and
authority 10 az minister the cath herein.
/ after mentioned TO the said JohC B. Howard
! in that behalf, end then and there, before
| said s. c. DAVIS, ESQ, he, the SAID John B.
+; Howard, was, in due 1orm OF !ay7, sworn and
made affidavit (he, the said s. G. Davis
{ ESQ, IS such Deputy Clerk as aforesaid,
j having then and there competent power
and authority to administer said oath to
/ the said John 2. Howard, in that behalf }
! and did falsely, corruptly, wilfuliy and
naliciously say, depose and swear among
other things, in substance and to the effect
III H. st.f
! day of July, 1862, one J. c. Aatlman trans
| ferred TO the said John Howard q
claim against tae State of Louisiana for
the sum OF eleven thousand and six dollars
and seventy-si- cents (Sll, ,095 76), being
| the amount Of al appropriation made to
| said katbman.6y the Legislature, in an ACT
No. 28+ Of the acts OF 1853 (meanlng thereby
! No. 2l3 OF the acts OF 1859, that the said
John L. Howard had made 2micaole de
| pland on the Auditor Of Public Accounts for
| the payment of the said claim and that the
said Auditor OF Public Accounts refused to
pay the same; and that said John B. How
| ard had no relief afforded him by law, by
the ordinary means. And the Graud Jurors
| aforesaid. upon their oath Aforesaid, do fur.
ther present that il then and there became
and was a material question whether tie
| statements above reClted and sWOrn to as
| aforesaid by the said John 3. Howard. were
true in orIer that the Honorable the Judge
| of The Sixth District Court for the parish OF
| Orleans, should determine whether he
! WoCld Issue writ OF mandazlus from
| his honorable court, commanding the
| said Auditor Of Public Accounts to issue
to the said John Z. Howard warrant or
| warrants for the before mentioned sum of
| sll COS 7j in full satisfaction of said appro-
| priation No. 2S4, of the acts of 1868, {mean-
| ing thereby act No. 2l3, of 1869, and the
| Grand Jurors aforesaid, upon thei- oath
aforesaid. further present: That at the time
| OF his making the said oath and affidavit as
knew that the said j. c. kathman had no
| claim, whatever, against the State of Lou
| isiana, under the act of the General Assem-
| bly, of this State, numbered 2St, of the acts
| of 1868, and that the said J. G. KathElan
| had, long before the making of the before
| mentioned oath By the said John B. How
ard, received warrants from the Auditor OF
| Public Accounts in satisfaction of all claims
| due him Che said J. G. kathman), by the
| State of Louisiana, under the provisions Of
| the act of the General Assembly of the State
of Louisiana, numbered 2i3, OF the acts OF
| 1868.
And so the Grand Jurors aforesaid, upon
| their oath aforesaid. DO say that at the time
and place aforesaid, and III manner and
| form aforesaid, IN san affidavit made pur-
suant to the laws o. the State of Louisiana,
the said John &. Howard did commit will
tul and corrupt perjury, contrary 70 the
form OF the statute OF the State of Louisiana
il such case made and provided, and against
| the peace and dignity OF the same.