New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-01-25

attempting to pick the Mississippian's
pocket.
THE COURTS.
Sapreme Court DeeIsions.
Appeal from the Fourth district Court of
Nelg OrIedns-City of Net1 Orleans US, |
Wtllidnl S. Mount, Treasurer, ct al Judge |
Taliaterro-The city took tout injunctions
against the City Attorney and the Sheriff, |
inhlblung them from receiving Metropolitan |
police warrants in payment of taxes, city |
licenses, etc. Newman, who owed for a
license Of $3.50, was refused the right of pay |
ing in police warrants, interviewed aud |
moved that the iDjuuctions taken out by the |
city be dissolved. The court sustained the
motion and dissolved the injunction. The
intervenor moves to dismiss the appeal on
several grounds. The only one to be con.
sidered is that which relates to the iurisdic.
ton of the court. The counsel for the in.
tervenor treats the judgment appealed from
as embracing the sum of only $3.50, the
amount of intervenOr's license.
The city appeals from a judgment which
the Mayor sWears involves over $1,000. The
appeal should be maintained. Motion to
dismiss overruled.
Louis Gag,,et us. City of Ns,o Orleans
Appeal from The Fourth District Court Of
Nelo Orledns,-Howe, Judge-A motion has
been made to dismiss this appeal on the
ground that the city of New Orleans has
sCquiesced in the judgment. There is no
evidence of such acquiescence, and the
motion to dismiss is overruled.
State e1 rel. A. J. 0liUer as. IT. O.
Wdrmoth.-In this case re-hearing was
| refused.
MandHmuS Against she TrenSureE and
Auditor.
Henry Train, Judge of the Third Judicial
| District Court, has filed a petition in the
| Third District Court, stating that his salary
| as Judge has not been paid because Of want
| of fur IS in the hands of the State Treas
urer. He asks that mandamus issue d.
| recting the Auditor to instruct the State Tax
| Collectors and Sheriffs throughout the State
| to require of tax payers 100000 in lawful
money of the United States, to meet the
appropriations made by law for the pay
| ment OF District Judges and other officers.
Directing him to issue warrants for the pay
ment into the State treasury of collections
| Of the revenue of the State only where at
least one-sixth of each collection shall be
rendered in lawful money of the United
States for the payment aforesaid. That q
mandamus also issue to the State Treasurer,
directing him to levy on the general revenue
of the State in lawful money, the sum neces-
sary for the payment of the annual salaries
of the above mentioned officers, and out of
the same to pay all the outstanding war;
rants therefor, aud especially REALTORS war
rants. That said mandamus also directs
the State Treasurer. hereafter, to deduct
from the revenue collections, as they are
| paid into tine treasury the sum of $500 Co.,
or at least one-sixth thereof, which he shall
place to the credit Of said class of officers,
and with which to pay their warrants, and
| If the Auditor and Treasurer fail TO comply
with the writs of mandamus, to them
respectively issued, that they show cause
on Friday, the twenty. eighth instant, why
| uuil Of md M CHI OF ha a.
peremptOry. Judge beaumont ordered
that writs of mandamus should issue in &C
cordance with the prayer of the petitioner
E. Bermudez, Of counsel.
seveHth District COart
Trouble Among the PlayerS.-Myren W
Letingwell filed petition in the Seventh Dis
trict Court, stating that he has bought thu
privilege of performing the play Of "Bil
lizards; or, Business Before Pleasure from
the author, through his agent, Alexande
Henderson, and had engaged to play thu
piece last night at the Academy of Music
lie had reason to fear that said Henderson
a availing himself of the facility Of obtaining
injunCtions, might enioin him from per
forming last night as per engagement. H
therefore applied for an order erjoining SAT-
\. Henderson, or the Sheriff, from interruptin
his performance by authority Of any writ 0
r injunction that might be sued out. H.
stated in his petition that if the threatene
| Injunction by the authors agent should b
served upon him about the time of the com
g mencement of the performance he woul(
be greatly damaged, and it would be to-
late to have it dissolved. Judge Collins is
\ sued the writ. Richard Shackelfo I'd c
counsel.
| The Fire Alarm aud lP OIIce TeIeRr aph
b City of Neto Orleans Us. Board Metro
# pOlitdn POljce.--Judge Cooley, of the sixth
a | District Conrt vpafpr1au randarnd IN MT ar
esting decision in this matter.
i 1t seems that the Superintendent O
d Police, with about forty policemen, tool
possession of the Fire Alarm Telegraph il
! the City Hall, and the city sued out an in
"a junction.
e Per Curiama--The Board of metropolitan
n Police claim that they have the right t
Q control the Police and Fire Alarm TELEGRAPH
:, in this city. They urge that the govern
u ment and control of this telegraph is a
e incident and part of the police authorit
r, vested in them by act of the Legislature
A and that the possession and control of til
same is Indispensable for the government G
h the police and the exercise of the polio
n juries vested in them by law.
d The city telegraph was put up by and 70
"a the city, and is consequently the propert!
10 of the city. The only practical right con
IS nected with the ownership. of property i
g. that Of using it. Without the use, the RICH
of property is of no practical Significance
The forty-ninth section of the act o
- March g. 1869, invoked by the defendants
10 does not convey the idea that the Polio
rs Board may appropriate private property 70
re the purposes therein mentioned. The pOWe
=. to Operate and maintain" lines of telegrap
= must be construed with reference to tn
"a other power granted viz: ITO erect.' Tn
Ie board is authorized to operate and main
,. tain such telegraphs as they may cree
20 Between such language and that which tn
% courts of the United States have alway
k considered necessary to sustain delegate
10 of the power of eminent domain there is 8
SO great a difference that it seems to me
mere allusion to it is sufficient.
The injunction is made perpetual.
l. United states District COuEt-The SugA
n Frauds.
1t is understood that the United State
District Attorney, P, II. Morgan, Esq, wi
l. soon take the initiatory proceedings for th
e purpose Of bringing to trial persons engage
u in the preparation of the sugar frauds thi
!, have lately engaged the attention of thi
II court, Seventeen grand jurors were draw
y Yesterday, and as soon as the panel is con
IS plete the investigation will commence.
K sixth District Court Damages Against
\, Patrolmnn.
n James 4. Pryor Us. John DonoUdn an
DdUtd Mdgner.-PlainIif claims that he WI
arrested by Donovan, who is q policeman
without cause, knocked down, kicke
, and generally maltreated. He complain
K that his arm was broken, and that otherwiE
A great bodily harm was done to him. Judg