New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-23
THE COURTS.
United states Commissioner,s Court.

United States Commissioners Court.
M. V. B. Hutchinson, Deputy Collector OF
Internal Revenue, yesterday made affidavit
before United States missioner William
Grant, charging that Jose Garcia, carrying
on business as cigar manufacturer, at No.
81 Gasquet street, did, on or about the sixth
of August, remeye from his factory lot of
cigars, without having first paid the tax due
thereon, land having the same stamped ac-
cordng to law, with intent to defraud the
government.
A charge of the same kind was also made
against G.. Modal, doing business ON Gasquet
street. Warrants were issued for the arrest
of the parties.
Eighth District Court-Suit Against the
State Auditor by MIR. BragdOn, the
Governors SecJetary-Was he De.
posed pro TEN. by Lieutenant Governor
Dunn.
The State of Louisiana on the relation of
o. d. Bragdon VS.. James Graham, Auditor.
The petition OF the State of Louisiana, on
the relation of 0ren q. .Bragdon,. respect
fully represents that relator was appointed
private secretary of the Governor of Louis
ianana, by his excellency III. G. Warmoth,
Governor, on the first of October, 1870, and
that ever since that time be has performed
the duties of the office, and that for such
services he is. entitled to be paid quarterly
the rate of twenty-five hundred dollars per
annum, on his own warrant, as by the stat
ute in such case made and provided. ..-
And petitioner represents that relator has
now due him the sum of six hundred and
twenty-five dollars salary for the quarter
beginning April |, 1871, and ending June 80,
1871, for services actually rendered as pri-
vate secretary aforesaid; that relator drew
his warrant, which is made part hereof,
against James Graham, Esq, Auditor of
Public Accounts of the State of Louisiana,
dated July %, 1871, for the salary due him
as aforesaid, and presented the same for
payment to the said Auditor; but that said
James Graham, Auditor, without any au-
thority of law, refused to audit, warrant for
and pay the same unless your relator would
suffer deduction in his pay for the four last
days of June, 1871, which he was not and is
not bound to do.
All OF which acts and doings on the part
of said James Graham are arbitrary unjust
and without authority of law. And mas
much as relator is without adequate remedy
by the ordinary proceeding, he is entitled
to sue ont this mandamus.
Wherefore petitioner prays for writ of
mandamus may issue, ordering that said
James Graham, Auditor of Public Accounts
OF the State of Louisiana, do audit REALTORS
said account, amounting to six hundred
and twenty-five dollars, and warrant there
the State of Louisiana, and do right in the
premises, or show cause TO the contrary on
a day to be fixed by the court.
Petitioner prays for all and general re-
lief in the premises, and for costs of suit.
Judge Emerson issued the following
order:
Let James Graham ESQ.,, Auditor of Pub
nc Accounts OF Louisiana, comply with the |
demand contained in the foregoing petition.
or show cause to the contrary on Monday, |
the twenty-eighth day of August. 1871. at |
ten o'clock A. NJ. of that day
Sixth District COurt-suit Against the |
New Orleans, jackson and Great |
Northern Railroad for $1,000 DAM
ages.
This is suit brought by j. NJ. Hugonin.
owner OF the schooner Confidence which |
has been plying in the freighting business |
to and from Blind river and the city of New
orleans, against the New Orleans, jackson
and Great Northern Railroad COMPANY
The petition alleges that on the night of |
the tenth OF June last, the said schooner in
attempting to pass through Pass Manchac
into Lake Pontchartrain through the bridge
of the New Orleans, jackson and Great
Northern Railroad Company, collded with
and became fastened in the caps, stills and
piles, which the company had, through neg
igence, permitted to decay and be broken
down near TO the level of the water; that
said collision tore hole in the vessels bot
tom, and otherwise damaged the vessel.
notwithstanding the exertions of the master
and crew.
He further states that finding it impossi-
BILE to get the vessel off he repaired to the
city and procured two vessels and a mum
Der Of men with which he returned. On
arriving there he states that he discovered
that Immediately after his departure from
the pass, the railroad operatives, under
Instructions, and in pursuance of orders
from the said New Orleans, jackson and
Great Northern Railroad Company, through
its officers, entered ON board of said scho0n- |
er, cut down the masts, threw them, to-
gether with her sails, spars and rigging, |
into the pass and allowed them to drift
away and to be lost, and that then hauling
the said vessel in a partially sunken condi-
ton from OFF said distractions, abandoned
her, after mOOring her to the eastern side of
said bridge.
The petitioner alleges that the grounding
OF said schooner on said distractions was
solely due to the improper construction OF
the bridge, IN not being passable freely at all !
tides and winds, and that the damages are
also traceable to the negligence of sad com
pany, Its officers and agents, in allowing |
SAID piling, stringers and stills TO SO decay.
ETC., az TO form an obstruction to nayiga- |
ion.
For this. and for the subsequent action of
The company in wrecking and injuring the
vessel, the petltioner prays for $1,000 dam ,
lges, and that the New Orleans, jackson
md Great Northern Railroad Company be J
'lted to appear and answer.
Fourth District Court.
The only thing that has occurred in this i
ourt recently is the following somewhat | y
.rrotesquely humorous reply of q doctor, a
YhO received a gummons to nav license | h