New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-07-09
THE COURTS.

, | state OIL Louisiana eX rel. JOnn hiei
ct ais VS.. John ). Walton" etc.
The petition of the State of Louisiana b
Simeon Belden, Attorney General, upon til
information of William Weber having joine
} as plaintiff with the State of Louisiana, r.
presents that the said Weber was dull
| elected, as required by law, Recorder of tn
Fourth District of the city of New Orleans
on the third of April, 1870, and commits
stoned by the Honorable Benjamin +. Elan
ders, on the fourth of April, 1870.
| That said election and the term Of salt
office is two years from the fourth day o
April, 1870, during which time petitioner i
entitled to hold and exercise the function
| of Recorder OF said Fourth District of tn
city of New Orleans; that he qualified
under said election and commissioned. a
required by law, and assumed the discharg
of the duties and functions of said Office OF
the fourth day of April A. D. 1870, until thu
morning of the sixth of June, 1871, wheI
said office was taken forcible possession o
by A. Z. Billings, resident of the city o
| New Orleans, who, assisted by the Metro
politan police of New Orleans, forcibly
elected said Weber from the Recorder
courtroom of the Fourth District, sine,
which time the said A. f. Billings has lille
| gally usurped and exercised the functions
and duties of Recorder of the Fourth Dis
| trict of the city of New Orleans.
! Now petitioner represents that said A. T.
| Billings has usurped, intruded into, and
now unlawfully holds and exercises the
! functions and duties of Recorder of the
Fourth District of the city of New Orleans
| public office, the salary of which is more
| than five hundred dollars per annum.
| The premises considered, petitioner prays
| that said A. E. Billings be cited to appear
| and answer the allegations and demand
| herein contained, and after due and legal
| proceedings had, that there be Judgment in
| favor of the State of louisiana and the in
former herein, William Weber, and against
the said A. E. Billings, decreeing that the
said A. E. Billings has usurped, intruded
and unlawfully holds the office of Recorder
of the Fourth District of the city of New
Orleans, and that William Weber, Joined as
plaintiff herein, be decreed to be entitled to
hold and exercise the function and duties of
Recorder of the Fourth District of the city
of New Orleans as of rights as herein set
forth.
He prays for costs of suit, and for general
relief in the premises.
In the case of the State VS.. the New Or
leans Gaslight Company, an order has been
filed in which the company claims TO have
fulfilled all the requirements of its charter,
and furthermore AYERS that the Attorney
General has no right to institute proceed
ings to annul statute OF the General As
sembly.
The State of Louisiana ex. rel. John Klein
ct ais VS.. John S. Walton, Administrator,
etc.-And now before the court comes John
s. Walton, Administrator of Finance of the
city of New Orleans, and for answer to the
rule to show cause or alternative writ of
mandamus herein issued, he says:
That the several acts of the Legislature
of the State of Louisiana, establishing the
Metropolitan Police, and providing for its
maintenance and support, are in violation
of article lis OF the constitution of the State
of Louisiana, adopted in 1868, which requires
taxation to be equal and uniform through
ont the State, and also that article OF the
constitution of the United States which
guarantees to every State q republican
form of government.
Respondent further says that the several
acts of the Legislature authorizing the
Metropolitan Police Board arbitrarily to
fix the amount of the annual appOrtion-
ment against the city of New Orleans, and
requiring her each year to levy an assess.
ment to meet the same, and also the act or
acts making Metropolitan Police warrants
receivable for licenses and taxes, are not
only viOlative of the fundamental law of
the land, for the reason hereinafter set
forth, but because they impair the obliga-
ton of a contract entered into between
the State and the city, at the time of the in
corporation of the latter, and, moreover.
are unreasonable and oppressive, and for
these causes the statute laws aforesaid are
void and without effect.
Further, this respondent SAYS that the
city of New Orleans, at the present time, is
not, and at the expiration of the wear end
ing September go 1871, she will not be in
debted or liable to the Metropolitan Police
Board in any way or manner, or for anv
amount whatsoever; but that on the con
trary, the said city is now in advance to the
said board, on account of its pretended APP
portionment against her, from the organize
ton of the said board down to the present
time, in a sum not less than S232,707 81, as
will more fully and at large appear from the
exhibit hereunto annexed and made a part
hereof.
Further SAYS, that if the several acts of
the Legislature hereinafter referred TO are
not in opposition to the federal and State
constitutions, as contended by respondent.
and, under and by virtue of the aforesaid
statutes, the city of New Orleans is liable
to the Metropolitan Police Board in an
amount greater than the sum demanded by
REALTORS, this respondent is even not bound
to receive the warrants referred to in rela-
tors petition, as this respondent will more
fully show on the trial hereof
Aud this respondent further says, that on
the twenty-eighth day of June, A. d. 1871,
REALTORS were, neither jointly nor severally,
indebted to the city of New Orleans for
taxes in any amount whatever; further
more, that the said REALTORS have instituted
legal proceedings in the honorable Fifth
District Court of the parish of Orleans, for
the recovery of the sum of SAL ,5l6, with
legal interest, for damages alleged TO have
been sustained by reason and on account of
refusal of respondent to receive the war
rants referred to in the petition herein filed;
and that by reason of the premises, rela-
tors are without legal or equitable right to
the relief prayed for in their petition.
Further, this respondent SAYS, that in
the suit of Esnard VS.. the City Of New Or
leans, No. 486 of this honorable court, and
in the City of Orleans VS.. Joseph Bait ct
ais, 33O9 Supreme Court of Louisiana, and
in the City OF New Orleans VS.. Michael
Carroll, No, =, Fifth District Court of
New Orleans, the aforesaid parties are
judicially endeavoring to recover from the
city OF New Orleans, on account of Met
ropolltan Ponce warrants, a sum far ex-
ceeding one hundred thousand dollars: and
that SO long as such suits are pending, and
until this respondent and the city of New
Orleans is relieved from all liability on ac-
count thereof, the relator if otherwise
entitled to relief. which, however. is denied
can not have and recover the writ prayed
for herein.
tuftner denleS that REALTORS are the own
ers or holders of the warrants referred to
in their petition, or any part or portion of
the same, and upon the trial of this cause
respondent will insist upon the production
of such warrants, and strict proof of their
ownership by REALTORS.
Further. this respondent saws that the
Judgment herein prayed for may be sought
to be used in the suit above referred to. for
the recovery of s47, SIG; and for that and
other reasons the respondent has, individu-
ally, pecuniary interest in this proceed
ing to the aforesaid amount; and in his
official capacity he has an interest pecu-