New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-07-02
THE COURTS.
Eighth District COurt-PetitiOn for Man.
damus upon the State Treasurer-Suit
Against the Collector of Internal Rev.

Against the Collector of Internal Rev
enue.
Before this court have been entered apph-
cations by holders of State warrants for writs
of mandamus to compel the State Treasurer
to pay certain warrants issued in 1870,
under the acts 'appropriating $500,OO0 for
per diem and mileage expenses of the Legis
lature. 1t is contended by the holders of
such warrants that the Treasurer has been
giving preference to other holders in the
matter OF payment, and they represent that
writ of mandamus is necessary in the
premises.
John Hawkins and Hugh Cassidy have
filed suits against s. A. Stockdale, b. +.
Joubert and 5. j. CoRklin, representing that
they are engaged in the business of retail
dealers in liquors, as defined by the laws of
the United States, and have paid the taxes
due the United States: that in carrying ON
their said business it is necessary that they
should empty the casks and packages of i'm
ported and domestic distilled or rectifed
spirits received by them into what are
called standing casks" in order that in the
course of time such spirits may deposit the
sediment, ETC., contained in them, and be-
come purified and bit to be drawn off into
smaller packages, to be retailed to their
customers; that such process greatly i'm
proves the quality of their liquors; that by
reason of the improved quality of their
liquors they sell to their customers their
sales have greatly increased and their bust
ness become lucrative in consequence.
They further show that the said standing
casks are so filed for the purposes afore-
said, and not for shipment, sale or delivery;
and that they are neither wholesale liquor
dealers nor rectifers of distilled spirits.
They further represent that there is no
law forbidding the use of standing casks,
nor any law requiring them to cause such
casks when filed with such spirits to be
either stamped, branded, gagged or in
spected. Yet, notwithstanding that it is
not required by law. in order to avoid an
noyance from officials. and such gauging
stamping, etc being inexpensive, they APP
Piled in due form to the proper United
States gauger, to have said casks stamped,
branded. gagged and inspected as if the
same were intended for shipment, sale or
delivery, but said United States gauger has
neglected and refused, and still neglects
and refuses TO comply with the petitioners
request
Petitioners show that Collector Stockdale.
Internal Revenue Assessor JOubert and
Supervisor Conklin intend to seize, or cause
to be seized, the said casks and their con-
tents, and confidently believe that, unless
prevented. said defendants will carry out
their threats, and make or cause TO be made
such seizure; and that the threatened acts
OF said defendants would be an invasion of
their legal rights, without shadow of au-
thority or excuse, contrary to law and
equity, and would work irreparable injury
to petitioners.
Wherefore petitioners pray that said de-
PENDANTS may be cited to answer this COM
plant, and that they and each of them. to-
gether with their agents, deputies and
assistants, be enjOined and restrained from
interfering with petitioners right TO use
their standing casks for the purpose afore-
said, and that upon the hearing of this
cause the said injunction may be made per-
petual; that the defendants be decreed to
pay the costs, and for general relief