New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-06-08


In the case of C. H. Slocomb, ct ais vs.
James Graham, Auditor ct ais, praying for
an Injunction to prevent the issuance of
bonds to the amount of $3.50, 900 to the New
Orleans, Mobile and Texas Railroad Com
pany, the preliminary injunction, for reasons
orally assigned, was refused by Judge Dib-
BILE. He said in his decision that plaintiffs
allege that the act of the Legislature appro-
priatlng the $3,000,000 is Unconstitutional,
for the following reasons:
l. Because the issuance of the bonds is an
increase OF the State debt beyond its limita-
ton.
.. The act should be held unconstitu-
tional, because it is donation for private
purpose.
The first plea has been disposed of by
the Supreme Court in the recent decision
IN the case OF the State ex rel. Solomon &
Simpson VS.. James Graham. Auditor, in
which the appropriation OF So, 900 was
held to be part of the State debt. The
Judgment in that case was based upon the
doctrine that neither the Legislature nor
the constitution makers can impair a con-
tract made by the Legislature. The grant
OF the bonds in question was a contract en-
tered into by the State in consideration of
labor to be expended and benefits to be
reaped by the State.
Therefore, the first objection is of no eff
feet, as even if the appropriation of bonds
was in excess of the State debt, the con-
tract can not be impaired by constitutional
amendment.
AS to the second objection, that the State
in granting the aid exceeded its power
IN that the appropriation was a do
nation to a private corporation. there have
been contrary doctrines held by the courts
of twenty-eight different States
The notion that the States have no power
TO grant such aid proceeds upon the idea
that railroad company is private corpo-
ration: that the appropriation of aid neces-
stating taxation Is for private advantage.
But railroad company is not private cor
poration. The fact that railroad charters
authorize appropriation of the private lands
OF citizens for the construction of the road
is based upon the fact that such expro-
priation is for public purpose. The Leg
lslature has no power to authorize expro-
priation for private purposes.
There is no limitation upon the power of
the Legislature to levy tax for public pur
poses, and railroad company is corpora
ton erected for public purpose, a grant
for their aid implies a tax for public advant
tage.
For these and other reasons, orally as |
signed, the preliminary injunction was re-
fused.
Judge Dibble has decided the case of |
Thomas &. Pagan VS.. Hugh j. Campbell, |
htglSltT OF Ine state Lana once.
The facts of the case are these: Some |
months ago the relator applied for a writ of |
mandamus to compel the register to issue
his warrant upon the Auditor for 1892 20.
this In November 1861, he |
purchased certain swamp lands from the
State; the State seeding shortly afterward |
his title was granted TO him by the officers
of the State under the Confederate govern
ment.
In 1868 the Governor instructed the regis
ter to consider all sales of lands made under
the above circumstances null and void, and
in default of repayment by the original pur-
chaser, to resell the same. The relator had
put important Improvements upon his prop
erty, and to not lose the same he made tile
second payment. He now seeks to recover
the sum of the last payment
The act of the Legislature of 1871, section
II, confirms the title of land issued sub
to secession.
The mandamus was made peremptory and
The Register ordered to issue his warrant as
prayed for.
The case of Esnard vs. the city of New
Orleans, to recover some blue Metropolitan
was yesterday morning up for
before jury.
Seventh District Court.
Thomas Digby has filed two suits against
Ellen Follin, Tor damages in the alleged alb
|
account and $4,000 for his child, as recon-
'ense for expenditure of money and mental
utfering consequent on the abduction of
he child
B. Similien Labranche IA planter, has filed
suit to recover from the Louisiana Levee
company S25, 400 as damages to his planta-
ion In consequence of the crevasse at Bon
Jet Care.
Fourth District Court.
In the case of Amelius Letorey vs. Alfred
Iarie, the jury has returned a verdict in
avOr of plaintiff for 1929 30, with interest. {
The following cases were fixed Tor trial
y jury yesterday: Chase s. Codat vs.. Hotf-
nan, Marks & Co.; Finney VS.. Widow a
NTH; Winter VS.. Randall.
In the case of Larieu VS.. DumOnte;l de- ,,
ided a week ago by Judge Theard in favor
defendant. suspensive appeal has been
AIKEN. {.
Sixth District Court. ?
Eleven suits, brought by the late Jeffer-
On City policemen against the city of New
'rleans, TO recover for services rendered | c
uring the late riots, were decided bya Jury 5
| this court Tuesday. verdicts being rem
cred against the city in all. Seven of these
ises were consolidated, and tried as one
nited States Circuit .Court-Before Hon. t
4. III. Dureli, District Judge. :
In the case of P. Harris, who in a former +
'lad was convicted by jury OF counterfeit
lg United States currency, the new trial
Inch was granted by the court was. after
caring OF evidence and argument by E
)unsel, submitted TO jury, whose decision "
late hour last evening was not known. "a
The Gaines demurrer case in chancerv s.
efore Judges Bradley and Wood. occupied o.
he whole day in argument, and had not d,
zen brought to conclusion when the 81
'urt adjourned. I'll
Commissioner WeIler's Court, ca
A somewhat serious case came up before OF
e commissioner yesterday. Mr.. William H. u
ecker, the storekeeper in United States n ,a
,ndeG warehouse No. ,, class four. made ne
affidavit charging John MeKenna. en- m
Dyed as clerk in the warehouse. with sa
him in the discharge of his fr.
icial duties and committing a violent and sa
provoked assault and battery. hi
The evidence shows that the affiant was IN
'plied to by some colored laborers en- 81
Dyed to transport salt from the ware ar
'use to know how many sacks they had as
rried out, they receiving SO much per S SG
ok for transporting them. The count
ven by the storekeeper being much
eater than that acknowledged by the
ERIK making difference of several dol GGIs
rs in the wages of the laborersl. the lat. r.
7 became enraged, and, after some alter an
ton, made savage attack on the store TO
eper. su
The latter is crippled soldier. having. vi,
lille III the service OF the United States. tn
ceived severe wounds, especially one in an
e left leg made by an explosive bullet. an an
e hurt leaving the leg in such condition ON
TO be nearly no leg at all. He was saw nu
ely kicked twice on the wounded leg, sh;
Il fainting in consequence, and while stc
OStrate WAS kicked in the head and faca 81,