New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-02-19
THE COURTS.
Meeting of the Law Association-EuIogy
Upon the Life and Chnrneter OF the
Late (,yprien DufOur.


Late Cyprien Dufour.
AT the regular quarterly meeting of tho
New Orleans Law Association, held yester-
| day in the library of the'court buildings,
| a eulogy was delivered upon the life and
character of the late Cyprien DufOur, by j.
Ad Rozer, President of the Association.
After Mr.. Rozier had closed, the ordinary
business of the association was taken up,
and upon motion the following resolution
was adopted:
Resolred, That the thanks of this assOcia-
ton are eminently due and are hereby cor
daily rendered to James Mcconnell Esq,
the chairman Of the library committee, for
the faithful. diligent and judicious manner
in which he has followed i'll the footsteps OF
his worthy predecessor, our respected Pres
ient, j. Al. Rozier, Esq, i'll the prompt,
Jealous and able discharge OF his duties AS
chairman of the Committee on the Library
and Disbursements.
Eighth District Court-The Slaughter
house vs.. the Butchers.
In the matter of the application for
mnndamus, before the Eighth District
Court, to compel A. ID. Bernoudy, Clerk OF
the Seventh District Court, to transfer to
| the Eighth District Court certain suits tor
| damages instituted by the butchers against
| the slauShterhouse company, an answer
was filed yesterday by Mr.. +. Howard
McCalcD. counsel representing MI DcA
| noudy.
In this answer Mr.. Bcrnoudy sets up that
| the Eighth District Court has no Jurlsdlc-
| ton over him. and that he is entirely and
| exclusively under the direction, orders and
| jurisdiction of the Seventh District Court,
| and his functions limited to keeping and
preserving the records of said court in his
| office, and Of entering and recording suits
and judgments, and that beyond this he can
not 90.
That the Eighth District Court is without
| jurisdiction rutiOuP mdteriT over the rec
| urtls, dockets and minutes OF the said Scv-
cnth District Court, and can make no dlspo-
sition thereof, or order them 70 be removed
| thereirOm.
That, by the said rules and orders of the
| said Seventh District Court, the said court
| reserves exclusive jurisdiction over said rec
ords for said court. and prohibits the re-
! moyal or withdrawal from the clerks office
of auy of it's books, records, doekets or pa
pers, without the express order OF the Judge
thereof previously given IN each case
That the complaint Is not against any act
of apprarer. bat of acts OF the judge OF the
! Seventh District Court, which acts appearer
il bound by law, without any exercise OF
| discretion on his part, to record and attest
ministerE,ily.
That accor,lin. to a decision of the SUI
preme Court the remedy sought by REALTORS
must be sought before that court by pro
| hibition, and not by mandamus, prohibition
or Injunction from the Eighth District Court.
In conclusion he sets up that the issuance
of writs of nlandamus would work him an
irreparable injury and damage III It sum eX-
ceeiing $500, as.the costs in said suits al
ready exceeds 5000. and he expects to realize
$500 more from said suits
The rule uis in this case. which vas to
have been argued before Judge Dibble. was
until \It 1rIay
The Batture Cnses-The Cases >ubnIittcd d
to Judge Dibble.
The five suits before the Eighth District
Court, commonly known as the great bat
ture cases. have at last been submitted
to the court and taken under amusement
by Judge Dlbhle.
In these cases, as we have before stated.
there are engaged on the one side the state
and the Chattanooga railroad. and on the
other Charles Morgan, the POntchatraln
railroad. the city of New Orleans, the
Chamber of Commerce, and certain proprle-
tors whose property fronts upon the hatture.
The following was the order Ot argument
before Judge Dibble:
|. james Il. Eustls. tor Chattanooga
railroad.
>. ". W. King. for Chamber Of Com
merce Joined with the city.
3 III. J. Lcovy, for c. A. Whitney s Co.,
agents for Charles Morgan & Co.
T. George 5. Lacey, City Attorney. on be
half of the city of New Orleans.
j. Second argument of James q. EuStlS.
g. John Finncy. tor Pontchartraiu Rail
road Company.
!. Judge John A. Campbell, for the Chat
tanooga railroad.
$. Thomas Allen Clarke. for certain front
proprietors.
Miscellaneous.
Judge beaumont, it is expected. will be
! able to resume his seat upon the bench OF
the Fifth District Court On Monday next.
the twentieth instant.
The jury cases in the Eighth District
Court will commence on the twentieth III
stant. Monday next.
hudce Theard will probably render one or
more decisions of Importance next week :
one in the matter OF the collision between
the steamship General Sherman and the
bark Mathilde, in tow of the Tillie c. Jewett,
and another i'll the interesting suit in which
is involved the question as to whether flour
is. strictly speaking, an agricultural pro-
duet andeuhiect to the vendors lien, as III
the case of other agricultural products.
At the regular quarterly meeting OF the
Law Association, held on the eighteenth in
slant, j. Adolphe Rozier. Esq, president OF
the association, pronounced the following
eulogy upon the life and character OF the
late Cyprien Dutour, which, on motion, was
spread upon the journal:
Nv acquaintance with Cyprien Dutour.
late member of the Law Association, dates
as far back as 1889. when he entered st.
Mary College, lin Perry county, Missouri),
founded by Bishop Dubourg, the Catholic
Bishop of Lower and Upper Louisiana. 1t
was his very good fortune to attend this
college, during that series of years, when it
was under the charge of corps of teachers
preeminently learned and pious, (the late
J Archbishop Odin one of them): for all insti
tutions of learning, in commonwealth other
successful enterprises, have their marked
| day Of excellence Several OF these prOfes-
sors were promoted to bishoprics. This III
stitutiOn was situated in Il rural district tar
removed from the hustle ofthe world.
Owing to the very limited number OF
schools in Louisiana, at that remote period,
his alma mater was mostly composed OF
| Young gentlemen, CreOleS of this Stafe-
all the main modern languages were there
taught by professors who spoke respectively
! these various languages rs their vernacu.
. lar-Mcxico Italy, France and Germany all
contributed. The revolutions in Mexico
caused the sending of pupils there. In our
dav the study of modcr4 languages is much
neslected-a mere smattering is the bitter
!. fruit OF an imperfectly executed college OF
university curriculum.
His deportlnent at school was eNempla
ry-displaying assiduity. perseverance, te
nacity Of purpose. He graduated IN 1850
On his return here he entered the nota
rial office of Pollock, and there remained
for two years. Il good novitiate for young
rt,Axy