New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-05-10
Arlv Orleans 9epnbliea,s.
OFFICIAL JOURNAL OF THE UNITED STATES
OFFICIAL JOURNAL OF NEW ORLEANS
THE COURTS.
Eighth District C0urt-The Louisiana State
Lottery Carnpany,s Contr0YersY.

VS.. the Louisiana state Lottery Company,
Charles T. Howard, president, praying for
damages and seeking preliminary injunc-
ton to prevent the defendants from inter-
fering with plaintiffs proposed lottery COM
pany, Judge Dibble has rendered an opin-
ion. in which he refuses the Injunction, on
the ground that the New Orleans and Ha-
vana Steamship and Lottery Company is
an inchoate corporation; that is to say,
their act of corporation has not been re
corded in the office of the Recorder of
Mortgages, as provided by the law govern
ing such corporations.
Louisiana State Lottery Company VS.
Benjamin Bloomfeld-In this suit, which
is a branch of the above, and in which the
plaintiffs, through Charles 7. Howard, pres
ident of their company, seek to enjOin the
New Orleans and Havana Steamship and
Lottery Company from drawing any lottery
or selling tickets for the same, Judge Dibble
has, in a written opinion decided to issue
the injunction, as prayed for, upon plain
tiffs giving bond in the sum of $4,000
which, will, of course, be furnished with
out delay. The injunction is against each
and every member of the company indi-
Vidually, and consequently they will be
unable to move any further.
The state House Commissioners Suit for
$I,5O0,0OO in Bonds.
John Ray, chairman of the commission
created by act of the Legislature for the
purpose of locating site for the State
House, in the city of New Orleans, and to
pay for the grounds, and to build State
House and other buildings for State pur-
poses, and to improve the same, which act
became law on the ninth of March, 1871,
has filed a petition in the Eighth District
Court, having for its object the compelling
of tie Secretary of State, State Auditor and
State Treasurer to sign and issue the bonds
set apart by said act, and to enjoin and pro-
hibit them from signing or issuing any other
bonds, authorized to be issued by the last
General Assembly, the acts authorizing
which went into effect after the passage OF
said act, or which may have been author
lied to be issued by any act of the General
Assembly of this State passed previous to
date of said act. but to be issued upon the
happening of an event or condition which
had not happened or expired at the issue of
the passage of the act under which plain
titfs are acting.
That by section two of said act the State
appropriated the sum of 81 100000, and
provided for the payment of one warrant
for 500, 900, and the issue of 81 400, 900 of
bonds, having forty years to run, with eight |
per cent interest, payable semi-annually; |
said bonds to be signed by the Governor
and eountersigned by the Auditor, Treas
urer and Secretary of State.
That the Auditor, Treasurer and Secretary |
of State refuse to sign and issue said bonds |
so as to enable the commission TO carry out |
the objects and purposes of said act, and |
that without the issuance of said warrant |
and bonds it will be impossible for them to |
carry out the said act, and that the commits
sion has organized and commenced the |
carrying out of the objects of said act so
far as can be done without the issuance of |
said warrant and bonds.
That by the amendment of the constitu- |
ton it is provided that prior to the first |
day of January, A. ID. 1890, the State debt |
shall not be increased as to exceed |
SOS, 100000
That including the existing State debt at
the time of the adoption of said amend
ment to the constitution with the appropr-
ations made since in the character of State
debts within the purview of said amend
ment, the amount may exceed the limits
provided by said constitutional amend
ment.
They allege that the appropriations in
the character of State debt, made before
the passage of the act under which petit
TONERS are acting, and as recited in this act
do not exceed the constitutional limit of
81, 000,0 900 in their opinion and that it is
the duty of said Auditor, Treasurer and
Secretary to sign and issue bonds, and that
they can not legally sign or issue any State
bonds or Indebtedness which they could not
have issued at the time the act under which
petitioners are acting was passed and pro
mulgated.
That any bonds or State indebtedness au-
thorized to be issued by any act passed be-
fore the passage and PRONUNCIATION of the
act IN question, but to be issued condition
ally on any event not happening before the
date of the passage of said act, nor those
authorized to beissued under any act passed
subsequently, can or ought to take prece-
dence of the bonds to be issued under the
act in question. Therefore, they pray that
the said defendants be, after due process.
ordered to issue said warrant and bonds of
s 800, 600, and restrained as above stated
Seller vs.. Fairex-This was a suit origin
ally brought in the Fifth District Court. and
to the Eighth District Court
after the creation of said court. Plaintiff
sued for $4,000 damages alleged to have
been sustained by the act of the defendant
in driving him from the Fairview plantation.
in the parish of St. Charles, which he was
under contract. Judge Dibble
has decided that the plaintiff shall recover
slUOO damages and costs, and reserving to
him the right of action ON the contract, and
reserying to defendant his right of recon- ]
ventional demand as set forth in his answer
The Right of Attorneys to See Clients.
In the suit of w. l.. Thompson, an attor-
ney, who sued the city of New Orleans and
the keeper of the Workhouse in the Eighth
SouIt ior SfoO udIndg6S, because he
was refused admittance to client confined {
in the City Workhouse, Judge Dibble has
rendered decision in favor of the attor-
ney and against the defendants, giving ;
him 500 as exemplary damages. Judge :
Dibble says, in his written opinion, that
such refusals would prevent prisoner from
applying for the writ Of habeas corpus and
rom questioning the regularity of COM 7
nltment- issued by the magistrate by a |
higher court. Z
Sixth District Court.
The Widow j. p. Keller has sued the !
Carrollton Railroad Company for $4,000 !
'or having been run over and severely in r
ured by car No. 60 of that line, on the !
eighth day of April last, while on Napoleon
avenue, en- route to church.
United States Circuit Court.
The following gentlemen we're sworn in as
members of the Grand Jury: Thomas Ran q
ney A. N. May, E. N. Reynes, N. A. Liam
bias, Norman Whitney, William Won Phul.
y. NJ. Farley, Hugh Breen, A. F. Hickman, a
Wallace Ogden, E. G. Freinour. Joseph /
Hernandez, L. w. Buddecke, j. j. Haydel 7
IL. j. Behan, j. A. Stevenson, III. III. Han 7
appointed foreman.
1t was ordered that twenty-five more
names be drawn from the jury box, and 7
hat the jurors be summoned to court forth
with.
The Grand Jury ignored the bill in the
Ease of the United States VS.. William Brown, +
mate of the ship Northampton, charged
with beating and wounding one of the ,
crew. !
The Rapides Gazette OF the sixth instant
says: