New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-21

plication for said honda to the Auditor Q
Public Accounts. as provided for in tn
fifth section Of said act, who refuses com
pliance or to entertain any jurisdiction il
the matter whatever, on the ground tina
no such bonds have ever been sent to hi
office.
Relators aver that there is no appropria
ton made by law for the payment of tiei
said claim except in the bonds aforesaid
that the omission on the part Of the proper
authorities Of the State to cause said bond
to be executed, signed and countersigned
as required by said act can in no manner
alter or affect the rights and obligations O
the parties to said contract: and that in de-
fault OF the immediate delivery of said
bonds, they are entitled to certificates of in.
debtedness of the State for similar amounts
according to article No. lS7 of Ray Re
| vlsed Statutes, which have been demanded
| OF James Graham, Auditor, and by him re-
fused.
Wherefore they pray for writ of
mandamus to compel the Auditor to issue
certificates Of Indebtedness to the amount
of $4,000.
The case of the Crescent City Water
works Company and certain taxpayers VS..
the City of New Orleans, praying for an in
junction to restrain the city from disposing
OF or mortgaging the Waterworks, came up
presented that he was not prepared, and
asked for continuance at the hands Of Op-
posing counsel, which being refused, he
stated that the case could not be tried by
any one but the judge Of this court, except
recused. Judge Emerson decided adverse
to counsel and ordered the cause to pro-
ceed. After hearing arguments Of counsel,
the court decided, that the face Of the
papers must be taken as true, and as the
h0
works to be corporation, as corporation
they have an interest. They also allege
that they are citizens and tazpayers
l will not decide whether the creation of
the company was, or was not according to
law. for do not consider it necessary now:
but there is serious Gues tion involved here,
az to the rights Of petitioners as taxpayers.
Whether the corporation be a myth or not,
as taxpayers they have right to be heard.
Has the city right to dispose of or incum-
Der the WaterwOrks!
Suppose the city should sell this court
building and not provide any other place for
the transaction of legal business. 1t seems
to me that any member Of the bar would
have the right to ask for an Injunction to
restrain them from so doing. The city
would neither have the right to incumber
the building to the prejudice of legal pro-
ceedings
Taxpayers say, The city is about to IN
cumber the Waterworks.''
shall be compelled to issue the injunc-
tion. and let the full merits of the case
come up hereafter in some other shape.
The writ was issued upon plaintiffs fur
nlshing bond in the sum of 5000.
~laughterhouse Injunction.
Jean Berthin, representing himself to be
a butcher. applies for writ of injunction
to restrain the SlaughterhOuse company
from removing their buildings, ETC., from
the west bank of the river. to the great in
jury and detriment of petitioners business. |
The allegations in the petition are similar |
to those in the suits OF FrelOt and karrien. !
Sixth District Court.
William Dnrb1idge has filed suit in this |
court claiming that he entered into CO.
with A. j. Oliver and George
Alban, in taking contract for improvin.
the navigation Of Red river for the sum Of !
Act So, passed September 10, 1868.
That according to said terms he was to
receive one-third the profits of said contract,
Dut that the work has been completed,
md said Oliver and Alban have received OH
account of the same the sum of $4,000
without having recOmpensed plaintiff for
lis share of the profits claimed.
He represents that defendants have re-
'eived or are about to receive certificates to
he amount of $4,000 the balance of con-
ract price, and therefore prays for writ
# sequestratiOn, to restrain the said defend
lnts from converting to their use the said
um until the matter between these parties
hall be settled.
Judge Cooley has issued the writ of Sc
uestration. plaintiff furnishing bond.