New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-11-19
WASHINGTON.

Return of tho Nipsic with the Marines sent
to Virginia.. European Situation Dis-
cussed by the Cabinet--The Crescent
City Slaughter House Case.
WASHINGTON, November l8.-The steamer
Nipsic returned to-day with the marines
sent to regulate the Virginia elections.
The Cabinet discussed the European
situation to-day.
The supervising architect of the treasury
in his report says, the temporary roof on
the custOmhOuse at New Orleans has been
renewed and "a survey of the building made
in order to determine the best method Of
completing and utilizing that structure,
the results Ut which will be submitted for
approval at as early date as prac ticable.
l do not, however, believe that any expen-
diture thereon would result in providing q
suitable, creditable or convenient building.
The New Orleans Slaughterhouse cases
were before the Supreme Court again to-
day, on the motion made therein for an in
junction in snpcrStdeas to stay proceedings
below. Mr.. Durant and Judge Black SUBJ
mitted arguments against the motion, con-
tending that the authority was in the court
below to control the situation of the inter
ests involved until the final Judgment in the
case there. The writs OF error bringing the
cases here are intended to indicate the ulti-
mate rights of the parties, and not Incl
dental rights. 1t is constantly held that
only final judgments and decrees can be re-
examined on writs of error, and the cases
are numerous where this court has refused
to entertain any application to deal with the
preliminary decrees of the lower courts.
Nr. Phillips replied, reviewing the ques-
ton Of the effect of the appeal at length,
and insisting that the aid asked is fully
authorized. and that no stronger case for
the exercise of the discretion of the court
cOnld be presented. The ground of the ap-
plication is, as will be remembered, that the
plaintiffs are restrained from prosecuting g
their business as butchers within the city
limits by q process of the State Court,
which is in violation Of the writs Of error
in the cases.
Mr.. j. Q. A. Fellows. of New Orleans,
also spoke on the same side
The following is a statement Of this case,
prepared by lawyer:
The Crescent City Live Stock Landing
and Slaughterhouse Association, which was
Incorporated by the State of Louisiana, has
the privilege Of erecting slaughtcrhouses,
in which, exclusively, all the fresh meat in
tended for the market of New Orleans must
be slaughtered, obtained an injunction in
the Sixth District Court of New Orleans to
prevent the butchers of New Orleans from
slaughtering elsewhere, and prayed that the
Injunction be made perpetual. The district
tiffs and made the injunction perpetual. this
judgment on appeal to the Supreme Court
of the State was affirmed. This case was
then removed to the Supreme Court of the
United States by writ of error, operating
as a supersedeas. After this, the Attorney
General Of Louisiana removed the Original
suit to the Eighth District Court newly
creatcd), which has exclusive jurisdiction in
cases of injunction.
This court directed the Sheriff to execute
the Injunction originally granted; and this
was done, and the business of the butchers
broken up. The butchers then made
through Messrs. John A. Campbell, A. Phil
lips. and j. q. A. Fellows, a motion before
the Supreme Court Of the United States te
enforce. by proper process, its supersedeas
This was resisted for the Slaughterh0ust
Company by Mcssrs. j. S. Black and T. j
Durant, on the ground that the supersedeas
suspended only the final judgment, and moi
the original injunction, which was made
perpetual according to the prayer of the
petition, and merged in the judgment, and
that there is but one injunction in the case
that is, the perpetual provisional injunc
ton.